There are two types of Lasting Power of Attorney (LPA). A Property and Financial Affairs LPA lets the people you choose deal with your money, bills and home. A Health and Welfare LPA lets them make decisions about your care and medical treatment. Each covers things the other can't, which is why most people make both.
Key Takeaways
- A Property and Financial Affairs LPA covers money, bank accounts, bills, pensions, benefits and your home.
- A Health and Welfare LPA covers your daily care, medical treatment, where you live and, if you choose, life-sustaining treatment.
- A Property and Financial Affairs LPA can be used as soon as it's registered, with your permission. A Health and Welfare LPA can only be used when you can't make the decision yourself.
- Without an LPA, your family has no automatic right to make these decisions, even if you're married.
- Each LPA has a £92 registration fee from the Office of the Public Guardian. Ours cost £75 each, or £140 for both.
This guide covers England and Wales. Scotland and Northern Ireland have their own systems.
The two types of LPA side by side
| Property and Financial Affairs | Health and Welfare | |
|---|---|---|
| What it covers | Bank and building society accounts, paying bills, collecting pensions and benefits, dealing with tax, buying or selling your home, investments | Daily routine, care, medical treatment, moving into a care home, who you see, life-sustaining treatment (if you allow it) |
| When it can be used | As soon as it's registered, with your permission, even while you can still make decisions yourself. Or you can say it's only to be used if you lose mental capacity | Only once it's registered and you can't make the decision yourself |
| Form | LP1F | LP1H |
| Typical attorneys | Someone good with money and paperwork | Someone who knows your wishes about care and treatment |
| OPG registration fee | £92 | £92 |
What does a Property and Financial Affairs LPA cover?
A Property and Financial Affairs LPA lets your attorneys (the people you appoint) manage your money and property. That can include paying your bills, dealing with your bank, collecting your pension, claiming benefits, dealing with HMRC and, if it comes to it, selling your home to pay for care.
Many people use it while they're still well. Someone recovering from an operation, living abroad for a while, or simply finding the paperwork too much can ask their attorney to help, with their permission. If you'd rather it was only used if you lose mental capacity, you can say so on the form.
What does a Health and Welfare LPA cover?
A Health and Welfare LPA lets your attorneys make decisions about your personal welfare: your daily routine, what you eat, your care, whether you move into a care home, and the medical treatment you receive.
It can only be used when you can't make a particular decision yourself. While you can still decide, the decision is always yours.
Life-sustaining treatment
The Health and Welfare form asks you to choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf. This is treatment a doctor considers necessary to keep you alive, such as some types of surgery or resuscitation.
It's one of the most important choices on the form. Talk it over with your attorneys so they know your wishes. If you don't give them this power, doctors will make those decisions, taking your attorneys' views into account.
Do you need both?
For most people, yes. The two LPAs cover different parts of your life, and neither can stand in for the other.
Without a Property and Financial Affairs LPA, your family may not be able to access your bank accounts or sell your home if you lose capacity, even if you're married. Joint accounts can be frozen too. They would have to apply to the Court of Protection to become a deputy, which takes months and costs far more than an LPA.
Without a Health and Welfare LPA, decisions about your care and treatment are made by the professionals involved, in what they consider your best interests. Your family can be consulted, but they don't get the final say.
That's why we offer both LPAs together for £140, saving £10 on two separate LPAs at £75 each. The Office of the Public Guardian charges £92 to register each one, with reductions for people on low incomes.
Can you choose different attorneys for each?
Yes. You can appoint the same people for both LPAs, or different people for each. Many people choose a family member who's good with money for their Property and Financial Affairs LPA, and someone who knows their views on care for their Health and Welfare LPA. Whoever you choose, they must be 18 or over, and for a Property and Financial Affairs LPA they mustn't be bankrupt.
You can also name replacement attorneys, who step in if one of your original attorneys can no longer act. If you want more attorneys than the form has room for, they go on a continuation sheet (see LPA continuation sheets explained).
When should you make your LPAs?
Now, while you can. An LPA can only be made while you have the mental capacity to understand it. Once capacity has gone, it's too late, and your family would have to go through the Court of Protection instead.
Registration also takes time. The Office of the Public Guardian says it takes up to 8 to 10 weeks when there are no mistakes, but in our experience it takes at least 12 weeks. If a form is sent back for a mistake, the wait starts again. Our guide to why LPAs get rejected explains the most common mistakes and how to avoid them.
Frequently asked questions
Is a Health and Welfare LPA the same as a living Will?
No. A living Will (an advance decision) sets out specific treatments you'd refuse in future. A Health and Welfare LPA appoints people to make decisions for you. You can have both, but if you make an advance decision after your LPA, it may limit what your attorneys can decide, so it's worth getting the order right.
Can my attorney use my Property and Financial Affairs LPA without telling me?
Your attorneys must always act in your best interests, and while you have capacity they should follow your instructions. If you'd prefer, you can say on the form that it's only to be used if you lose capacity.
Does my husband or wife automatically have power of attorney?
No. Being married or in a civil partnership doesn't give your spouse the right to manage your money or make decisions about your care. Only an LPA, or a court order, does that.
What's the difference between an LPA and an ordinary power of attorney?
An ordinary (general) power of attorney stops working if you lose mental capacity, which is often exactly when it's needed. An LPA is designed to keep working.
The short version: make both, and make them early
A Property and Financial Affairs LPA protects your money and home. A Health and Welfare LPA protects your say over your care. Together they make sure the people you trust can act for you if you ever can't. Every LPA we prepare is checked by our Will Team and comes with your own personalised Signing Guide, showing everyone exactly where and in what order to sign (see two sample pages, PDF). Find out more about Lasting Powers of Attorney.
About this guide
This guide was written and checked by the Downloadawill Will Team. It explains the law in general terms and isn't legal advice for your own situation. Downloadawill is a trading style of Direct Wills. All our Will Writers are Members of The Society of Will Writers. We've been writing Wills and Lasting Powers of Attorney for people in England and Wales since 1997. Read more about us.
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