What Is a Lasting Power of Attorney, and Why Should I Set One Up Now?

Most of us prefer not to think about a time when we might be unable to make our own decisions. Yet planning for that possibility is one of the most useful things you can do for yourself and for the people close to you. If you are in the Reading area and have been wondering what a lasting power of attorney is, or whether you need one, this article explains the essentials and why acting sooner rather than later matters.

What is a lasting power of attorney?

A lasting power of attorney, or LPA, is a legal document made under the Mental Capacity Act 2005. It lets you, known as the donor, appoint one or more people you trust, known as your attorneys, to make decisions on your behalf if a time comes when you cannot make them yourself. This might follow an accident, a stroke, or a condition such as dementia.

The two types of LPA

There are two separate types, and many people choose to put both in place.

• Property and financial affairs: This covers decisions about money and property, such as paying bills, managing bank accounts, collecting a pension, or selling a home. With your permission, this type can be used while you still have capacity, which can be helpful if you would simply like assistance.
• Health and welfare: This covers decisions about your daily routine, medical care, and where you live. Unlike the financial type, it can only be used once you are no longer able to make those decisions yourself.

Why set one up now?

The most important point is this: you can only make an LPA while you still have the mental capacity to understand and make the decision. If capacity is lost before an LPA is in place, it is too late, and the document cannot be created. At that point, the only route is for a family member or someone else to apply to the Court of Protection to be appointed as a deputy. That process is slower, typically taking around six months, the costs are considerably more,  and involves ongoing supervision. Putting an LPA in place while you are well is far simpler and far cheaper.

What does it cost and how long does it take?

Each LPA must be registered with the Office of the Public Guardian before it can be used. At the time of writing the registration fee is £92.00 for each LPA, so registering both types costs £184.00.  A reduced fee of half that amount may apply if the donor's gross annual income is below 12,000 pounds, and a full exemption may be available for those receiving certain means-tested benefits. Registration currently takes in the region of several months, so it is sensible not to leave it until the document is urgently needed. As with all such figures, these should be checked before you rely on them, as fees and rules change.

Choosing your attorneys

Your attorneys should be people you trust completely to act in your best interests. Many people appoint a spouse, an adult child, or a close friend, and you can appoint more than one and decide whether they must act together or can act separately. You will also need a certificate provider, an independent person who confirms that you understand what you are doing and are not under pressure. A solicitor can act in this role and can make sure the document is drafted correctly, which reduces the risk of it being rejected at registration.

If you would like to put a lasting power of attorney in place, or you are acting for a relative and are not sure where to begin, Hewetts Solicitors in Reading can guide you through each step. Please contact us for a confidential conversation.

Tim Butcher - t.butcher@hewetts.co.uk

Published on 25/06/2026