Why Lasting Powers of Attorney matter for carers and their loved ones
Last verified: June 2026 (England & Wales)
Quick-read summary
The Office of the Public Guardian has highlighted why Lasting Powers of Attorney matter for carers and the people they support.
There are estimated to be over five million unpaid carers in England and Wales. Many are already helping with appointments, medication, care arrangements, bills, benefits, banks, utilities and day-to-day decisions.
But practical help is not the same as legal authority. Without a registered Lasting Power of Attorney (LPA), a spouse, adult child, relative or friend can still run into barriers when speaking to banks, care providers, GP practices, hospitals, local authorities or other organisations.
A properly prepared LPA gives trusted attorneys clearer authority to help or act where the law allows. It can make family support calmer, clearer and easier before a crisis makes everything harder.
There are two main types:
- A Property and Financial Affairs LPA can cover money, bills, bank accounts, pensions, benefits and property. It can be used once registered, with the donor’s permission.
- A Health and Welfare LPA can cover care, medical treatment, daily routine, care-home decisions and life-sustaining treatment. It can only be used when the donor cannot make the relevant decision for themselves.
If you are caring for someone, or someone may need to care for you, an LPA is not just paperwork. It is practical authority for real-life support.
At Fern Wills & LPAs, I help people put clear LPA arrangements in place properly, with the right people appointed and the right safeguards considered.
Practical checklist — triggers for carers
You may need to explore an LPA if:
- You are helping with banking, bills, or benefits.
- The person you care for has a diagnosis that could affect decision-making (dementia, stroke, learning disability, brain injury).
- Medical teams already ask for your input on treatment.
- You are spending time navigating social services, care funding, or housing issues.
- You’re worried about what happens if you become unavailable.
- New or worsening diagnosis affecting decision-making (dementia, stroke, brain injury, severe mental health episode).
- Frequent confusion, missed meds, or difficulty following conversations with professionals.
- Hospital admission or discharge planning; moving into (or considering) a care home.
- Unpaid bills, banking problems, frozen/restricted joint accounts, online banking locked out.
- Changing GP, switching surgery, or registering for proxy access to medical records.
- Applying for benefits (e.g., Attendance Allowance, PIP) or dealing with DWP/Local Authority on someone else’s behalf.
- Selling or re-mortgaging a home; arranging rent/tenancy; major purchases or contracts (car, utilities).
- Power-of-attorney “work-arounds” already happening (you’re phoning as them, filling forms, signing for deliveries).
- Family change: marriage, separation, bereavement, new partner, moving house, moving in with the person you care for.
- Care package reviews, Continuing Healthcare assessments, or complaints/appeals where you need to speak formally for them.
- Multiple carers involved (siblings/family/friends) — you need clarity on who can decide what, when.
- Existing LPA is outdated (people named moved away, fallen out, died, or are no longer appropriate).
- You (the carer) feel stretched/burnt out and need practical authority to simplify tasks.
- Travel plans or extended time abroad for either of you.
- Anything that would require access to funds, contracts, or medical decisions at short notice.
What to consider
- Authority vs assumption: without an LPA, institutions can refuse to deal with you even if you’re the spouse or adult child.
- When each LPA applies: Property & Financial Affairs may be used earlier only if the donor has allowed it; Health & Welfare applies only when the donor lacks capacity.
- Duties & accountability: attorneys must act in the best interests, keep records/receipts, and be able to justify decisions if the OPG or Court asks.
Voices from the front line
Alison (Carer)
“With regard to the issue of dealing with service providers on behalf of your loved one, the single biggest help by far is having an LPA in place. When my mum died suddenly and my siblings and I took on Dad’s care, having an LPA was invaluable — without it a stressful situation would have been ten times worse. I have an LPA for myself as well, even though I hope it won’t be needed for a good few years yet!”
Sarah’s experience
We recently helped a client — we’ll call her Sarah — who was caring for her mum after a stroke. With an LPA in place, she could handle the bills, talk to the GP, and organise care packages quickly. Without it, every step would have required extra forms, delays, or even a court application.
Jazz’s example
Jazz supported her mother by helping with weekly shopping. When her mum’s health declined, having an LPA allowed Jazz to manage not just groceries but also online orders, utility bills, and access to care funding without hitting bureaucratic walls.
Ruth Duffin, Public Guardian and CEO of the Office of the Public Guardian
Ruth Duffin, Public Guardian and CEO of the Office of the Public Guardian, has described LPAs as a way for people to take control of their future and provide lasting reassurance for carers and their loved ones.
Carers UK has also highlighted the reassurance an LPA can give unpaid carers, because it can provide legal authority to support and act in the best interests of the person they care for if that person can no longer make decisions for themselves.
That is the key practical point. Many carers are already doing the work. An LPA can make the authority clearer.
”Emily Holzhausen CBE, Director of Policy and Public Affairs at Carers UK
“For unpaid carers, having an LPA in place can bring vital reassurance, knowing you have the legal authority to support and act in the best interests of the person you care for, if they’re ever unable to make decisions for themselves. Talking about future care, finances or medical wishes can be difficult and overwhelming. But having those discussions early can make a real difference for carers, providing clarity when it’s needed most.”
Jenny (Carer)
“My husband and I discussed everything when he first had a diagnosis. We recorded his wishes and put an LPA in place before he lost the capacity to make decisions. It gives me such peace of mind; I know what he would want, and it means the family and professionals are also aware, therefore, there are no problems.”
Can a paid carer be an attorney?
Sometimes, but usually not. Professional carers are generally excluded to avoid conflicts of interest. A family member, trusted friend, or professional adviser is usually more suitable.
Does “next of kin” give me legal rights?
No. Hospitals and banks may ask who the next of kin is, but it carries no legal authority. Only an LPA (or a court order) provides that.
If my loved one still has capacity, can I use a Health & Welfare LPA?
No. These only come into effect once the donor has lost capacity.
Do I need an LPA if I’m already a DWP appointee?
Being an appointee only covers benefits. You’ll need an LPA for wider financial matters like bank accounts or property.
What if there’s no LPA in place?
You may need to apply for deputyship through the Court of Protection, which is usually slower, more expensive and more restrictive than having an LPA in place in advance.
Can I name more than one attorney — and must they agree?
Yes, and we strongly recommend that you do. You can appoint attorneys jointly (must agree on every decision), jointly and severally (they can act together or separately), or a mix for different decisions. We’ll help you choose the safest structure for your situation.
Can my attorney start helping with money before capacity is lost?
Only if the LPA expressly allows use while the donor still has capacity; otherwise they must wait.
What records should attorneys keep?
Attorneys should keep clear records of important decisions, money handled, bills paid, advice taken, gifts or family payments, reimbursements and any concerns raised. Good records protect the donor and the attorney.
Fern Wills & LPAs can also provide practical record-keeping tools through the Life & Legacy Logs range, including the Attorney Spending Log, where a family wants extra structure for attorney spending, care arrangements or important documents.
What happens if an attorney behaves improperly?
The Office of the Public Guardian or the Court can investigate, require information, and in serious cases remove an attorney. Best-interests decisions and good record-keeping are your safeguards.
How do I get started properly?
Contact Fern Wills & LPAs. We set up both LPAs with the right safeguards and manage OPG registration so it’s valid when you need it.
Related Fern guides and practical tools
If this article is relevant to your family, these may also help:
- Appointing Attorneys in a Lasting Power of Attorney: how to choose the right people, use replacements and avoid an LPA that fails in practice.
- What gifts can attorneys make?: a practical guide to gifts, family payments and why records matter.
- Life & Legacy Logs: practical record-keeping tools for attorneys, deputies, executors and families.
- Lasting Powers of Attorney: Fern’s fixed-fee LPA service and what happens next.
Optional technical notes (for those who want the detail…)
- Legal framework: LPAs are governed by the Mental Capacity Act 2005.
- Who can be an attorney: Must be over 18, with mental capacity.
- Registration fee: the Office of the Public Guardian registration fee is currently £92 per LPA, with reductions or exemptions available in some circumstances.”
- Registration: an LPA must be registered with the Office of the Public Guardian before it can be used.
- Timeline: The OPG typically takes 8–16 weeks to process.
- Carer’s rights:
- Carer’s Assessments under the Care Act 2014.
- Carer’s Leave (since April 2024) allows up to 1 week of unpaid leave per year.
Sources & further reading
Next steps
LPAs are not just legal paperwork. For carers and families, they can be the difference between practical support that works and practical support that gets blocked.
Fern Wills & LPAs can help you:
- decide who should act as attorney;
- choose whether you need one or both types of LPA;
- think through safeguards, preferences and practical concerns;
- prepare the documents clearly; and
- handle the registration process with the Office of the Public Guardian.
If you are already caring for someone, or you want to make things easier for the people who may one day care for you, contact Chris Watts at Fern Wills & LPAs for a clear, practical discussion.
