Question 1

What is a Lasting Power of Attorney?

Accepted Answer

A Lasting Power of Attorney (LPA) is a UK legal document. It names the people you trust to make decisions on your behalf if you ever lose the mental capacity to make those decisions yourself. There are two types. A Property and Financial Affairs LPA covers money, property, bills and investments. A Health and Welfare LPA covers your medical treatment, your day-to-day care, and where you live. Most people choose both.

Question 2

Do I need both types of LPA?

Accepted Answer

Most people do. Money decisions and care decisions are two completely different domains under UK law and one LPA does not cover the other. If you only have a Property and Financial Affairs LPA and you lose capacity, your attorneys can pay your bills but cannot make decisions about your care. The same in reverse. Buying both together with Legacy Creators saves £48 versus buying them separately.

Question 3

How much does an LPA cost?

Accepted Answer

At Legacy Creators, the Property and Financial Affairs LPA is £99 and the Health and Welfare LPA is £99. Both LPAs bought together are £150, saving £48 versus buying them separately. On top of our fee, the Office of the Public Guardian charges a £92 registration fee per LPA, paid directly to the government. So one LPA registered comes to £191 total, both LPAs registered together comes to £334 total. There are no ongoing fees. Your LPA is active for the rest of your life.

Question 4

How long does an LPA take to register?

Accepted Answer

The Office of the Public Guardian typically takes 8 to 12 weeks to check and register an LPA from the date they receive the signed forms. It can take longer if anything on the forms is missing or incorrect, which is why we check yours before submission. Once registered, your LPA is in place and ready to use whenever you need it.

Question 5

What happens if I lose mental capacity without an LPA?

Accepted Answer

Without an LPA in place, no one has the automatic legal right to manage your affairs. Not your spouse, not your adult children, not anyone. Your family’s only option is to apply to the Court of Protection for a deputyship. The court can take several months to appoint a deputy. It costs around £408 in court fees plus solicitor costs of £750 to £1,500, plus an annual supervision fee for as long as the deputyship runs. While you wait, your bank accounts may be frozen, bills cannot be easily paid, and decisions about your care pass to doctors and social workers who do not know you.

Question 6

Can my attorney act before I lose capacity?

Accepted Answer

For the Property and Financial Affairs LPA, yes. You can choose to allow your attorneys to start acting on your behalf as soon as the LPA is registered, with your consent while you still have capacity. This is useful if you want help managing finances now, or if you want a smooth handover that does not require proving capacity loss. Alternatively, you can specify that your attorneys can only act once you have lost capacity. The choice is yours. For the Health and Welfare LPA, attorneys can only act when you have lost capacity. That is how the law is written.

Question 7

Can I cancel or change my LPA later?

Accepted Answer

Yes, as long as you still have mental capacity. You can revoke an existing LPA by writing a Deed of Revocation and notifying the Office of the Public Guardian and your attorneys. If you want to change attorneys or change the terms, you typically need to create a new LPA. Once you have lost capacity, the LPA cannot be changed or cancelled.

Question 8

Who can be an attorney?

Accepted Answer

Anyone aged 18 or over who has mental capacity. Most people choose a spouse or partner, an adult child, a trusted sibling, or a close friend. You can also use a professional such as a solicitor, but their fees will reduce the funds available for your care. Bankruptcy disqualifies someone from acting as a Property and Financial Affairs attorney, but not as a Health and Welfare attorney. You can name up to four attorneys plus up to two replacements as backups.

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