Types of Lasting Power of Attorney

There are two types of LPA: a Property & Financial Affairs LPA, which covers financial and property matters, and a Health & Welfare LPA, which covers medical treatment and personal care decisions. Each type must be registered separately with the Office of the Public Guardian.

A Property & Financial Affairs LPA covers financial matters — bank accounts, property, investments and bills. It can be used while you still have capacity (with your permission). A Health & Welfare LPA covers medical and care decisions — where you live, medical treatment and daily welfare. It can only be used after you have lost mental capacity.

Most people benefit from having both types. A Property LPA without a Health LPA means your attorney can manage your finances but has no say in your medical care or where you live. A Health LPA without a Property LPA means your attorney can make care decisions but cannot access your money to pay for that care. Together, they provide comprehensive protection.

Yes. You can appoint the same person as attorney for both your Property LPA and your Health LPA. Many people do this for simplicity. However, you can also appoint different people for each type — for example, a financially experienced family member for the Property LPA and a trusted friend for the Health LPA.

Yes — this is one of the key differences between the two types. A Property & Financial Affairs LPA can be used while you still have mental capacity, if you choose to allow this. This can be useful if you are travelling, unwell, or simply want help managing your finances. A Health & Welfare LPA can only be used after you have lost capacity.

If you only have a Property LPA and you lose mental capacity, your attorney can manage your finances but has no legal authority to make decisions about your medical treatment, care arrangements or where you live. Your family would need to apply to the Court of Protection for a deputyship order to make those decisions — a costly and time-consuming process.

Every LPA requires a certificate provider — an independent person who signs the document to confirm that you understand what you are signing and are not being pressured into making the LPA. The certificate provider must be someone who knows you well (such as a friend or GP) or a professional such as a solicitor. They cannot be a family member or the person you are appointing as attorney.

Yes. Both types of LPA can include restrictions and guidance for your attorney. For example, you might restrict your attorney from selling your home without your consent, or specify that you want to remain at home for as long as possible. A solicitor can advise on what restrictions are appropriate for your circumstances.

Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. If you made an EPA before that date, it may still be valid — but it only covers property and financial affairs, not health and welfare. If you have an EPA, we recommend reviewing whether an LPA would better protect your interests.

You can make an LPA as long as you have mental capacity at the time of signing — that is, you understand what the document is, what powers you are granting, and who you are appointing. Early-stage memory problems do not necessarily mean you lack capacity. However, it is important to act promptly, as capacity can deteriorate. A solicitor can advise on whether capacity is an issue in your circumstances.