A Professional Guide to the Responsibilities of Attorneys under a UK Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is one of the most powerful legal documents you can put in place. It allows you (the donor) to appoint trusted individuals (the attorneys) to make decisions on your behalf — either with your consent while you still have capacity, or if you lose capacity in the future.

Introduced under the Mental Capacity Act 2005, LPAs replaced the old Enduring Powers of Attorney (EPAs), which only covered property and financial affairs. LPAs provide broader protection, ensuring that health, finances, and even businesses can continue to be managed seamlessly if you are unable to do so yourself.

From Enduring Powers to Lasting Powers

Enduring Powers of Attorney (EPAs)

• Covered only property and financial affairs.
• Remain valid if made before 2007, but no new EPAs can now be created.
• Registration was required only when the donor began to lose capacity.

Lasting Powers of Attorney (LPAs)

• Cover three areas: Health and Welfare; Property and Financial Affairs; Business Interests.
• Offer more flexibility and choice.
• Must always be registered with the Office of the Public Guardian (OPG) before use.

Who Decides When Capacity Is Lost?

Capacity is decision-specific and can vary. In practice, a GP or hospital consultant usually confirms when someone no longer has capacity.

• The donor’s GP surgery should be notified once an LPA is registered so the NHS knows who the attorneys are.
• Attorneys are then formally authorised to step in.
• Private medical insurers should also be informed to avoid delays with claims or treatment approvals.

The Three Types of LPA

1. Health and Welfare LPA

Covers care and living arrangements, medical treatment, access to records, and liaison with NHS and care providers.

Life-Sustaining Treatment: When creating this LPA, donors must decide whether attorneys can authorise life-sustaining treatment (e.g., resuscitation or ventilation). If authorised, attorneys’ decisions are binding; if not, doctors decide under “best interests” rules.

Important: This LPA only comes into force once the donor has lost capacity.

2. Property and Financial Affairs LPA

Covers bank accounts, pensions, benefits, mortgages, bills, insurance, buying/selling/renting property, investments, and tax.

Use while the donor retains capacity: The donor can allow attorneys to act as soon as the LPA is registered. For example, an individual who is mentally sharp but physically frail may authorise attorneys to manage day-to-day banking while still making major decisions themselves.

3. Business LPA

Designed for business owners, directors, or partners. Ensures continuity if the donor is incapacitated, prevents bank accounts being frozen or contracts stalling, and typically appoints attorneys with relevant expertise.

At just £82 to register, a Business LPA is a modest investment for significant protection.

General Power of Attorney (GPA)

A General Power of Attorney is a simpler, short-term solution:

• Covers only financial matters.
• Valid only while the donor has capacity.
• Often used for hospital stays or travel abroad.
• Not a substitute for a full LPA.

How Attorneys Can Act: Jointly, Severally, or Both

When setting up an LPA, the donor decides how attorneys will act:

• Jointly – all attorneys must agree every decision. Strong checks, but risky as the LPA ends if one attorney can’t act.
• Severally – attorneys can act independently. Flexible, but requires high trust.
• Jointly and Severally – attorneys may act together or individually. The most balanced and commonly recommended structure.

Replacement Attorneys: Donors can name substitutes at the outset to step in if an original attorney cannot act. They cannot be added later without creating a new LPA.

Registering with the Office of the Public Guardian

An LPA has no legal effect until registered with the OPG.

The Process

1. Application submitted with £82 fee per LPA.
2. Acknowledgement letters sent to donor and attorneys.
3. A 4-week safeguarding period allows objections.
4. Registration confirmed (typically after several months).

Each donor and attorney receives multiple letters, which can be confusing. Many families prefer to use a professional advisor to manage the process smoothly.

Digital Access and the Government Gateway

• Each registered LPA is issued with a unique 12-digit code.
• Attorneys use this code via the Government Gateway to create a secure digital record.
• Banks, insurers, and NHS providers can instantly verify authority.

For donors without internet access, attorneys should keep original documents safe and carry confirmation letters when needed.

What If No LPA Exists?

If someone loses capacity without an LPA in place, their family cannot step in automatically. Instead, they must apply to the Court of Protection for deputyship.

Conclusion: Protecting Your Future with the Right LPA

A Lasting Power of Attorney is more than a legal formality — it’s a safeguard for your wellbeing, finances, and family stability. By choosing trusted attorneys and setting clear instructions, you ensure that important decisions will always reflect your wishes, no matter what the future holds.

Whether you need a Health and Welfare LPA, a Property and Financial Affairs LPA, or a Business LPA, professional guidance can make the process simpler and provide peace of mind that everything is set up correctly.

Don’t leave it to chance — speak to an expert today and take control of your future planning.

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