Lasting Power of Attorney Guidance | ProbateHelp

Independent guidance on choosing attorneys, making and registering an LPA, fees, capacity, health and welfare, financial decisions and deputyship alternatives.

Use ProbateHelp's Lasting Power of Attorney guidance to compare the two LPA types, choose attorneys, complete registration and understand when Court of Protection options may be needed instead.

ProbateHelp may consider a selective introduction according to location and circumstances. There is no fixed public panel and an introduction is not guaranteed. For an LPA request, ProbateHelp names the proposed provider and gives their relevant qualification or status, scope, price, terms, privacy information and any payment or other benefit to ProbateHelp before asking separately whether the request may be passed on.

Frequently asked questions

What are the two types of Lasting Power of Attorney?

A property and financial affairs LPA covers specified money and property decisions. A health and welfare LPA covers specified care and treatment decisions and can be used only when the donor cannot make the relevant decision themselves.

Can an attorney be a family member?

Yes, provided the person meets the eligibility rules. The decision should be based on trust, judgement, availability and the ability to follow the donor's instructions and legal duties, not family relationship alone.

Does an LPA work immediately?

An LPA must be registered before it can be used. A property and financial affairs LPA may be used with the donor's permission while they still have capacity if the document allows it. A health and welfare LPA is used only when the donor lacks capacity for the decision concerned.

Can someone make an LPA after losing mental capacity?

No. The donor must have the required capacity when making the LPA. If that is no longer possible, an application to the Court of Protection may be needed for one-off decisions or deputyship.

Canonical page