Your Complete Guide: The Top 30 Questions (and Myths) About Lasting Powers of Attorney

Last verified: April 2026 (England & Wales)

Quick-read summary

Unlike a Will, which only takes effect when you die, a Lasting Power of Attorney (LPA) deals with financial and care decisions while you’re alive.

An LPA lets you appoint trusted people — your attorneys — to step in if you can’t act. Without one, your family may face court, delays, and high costs to take control.

Confusion is common. Many people believe spouses or “next of kin” can step in automatically. The truth is very different. This guide answers 30 common questions and myths about LPAs in plain English.

Practical checklist — Is this guide for you?

You’ll benefit if you’ve ever wondered:

• ❓ Does my spouse automatically get power of attorney?
• ❓ What happens if I don’t have one?
• ❓ Isn’t my Will enough?
• ❓ Can I still make one if I’ve been diagnosed with dementia?
• ❓ Do LPAs only cover money, or health too?

If any of these ring a bell — keep reading.

What to consider

• LPAs must be made while you still have mental capacity. You can’t wait until it’s too late.
• They are flexible: you can appoint multiple attorneys, add instructions, and revoke them if circumstances change.
• Without one, your family may need a Court of Protection deputyship — slower, more restrictive, and far more expensive.

How this works in real life

We recently helped Mr Davis, who had a car accident in his early 50s. He recovered mentally but couldn’t sign paperwork or manage his finances during rehabilitation. Because he had a Property & Financial Affairs LPA in place, his wife could pay the mortgage and bills without delay. Without it, the joint bank account could have been restricted (frozen)— leaving the family in real difficulty.

If you are trying to understand LPA wording such as donor, attorney, certificate provider, jointly, jointly and severally, preferences or instructions, see our plain-English guide: What Does That Mean in a Will or LPA?

FAQs — Top 30 Questions and Myths About LPAs

👥 Family & relationships

1) Do spouses automatically have power of attorney?

No. Spouses and civil partners have no automatic rights. An LPA is the only way to grant authority.

2) What happens if I don’t have a Lasting Power of Attorney?

Your family may need to apply for a deputyship through the Court of Protection.

This is:

• Slower: often several months.
• More expensive: current official fees include a £421 application fee, a £100 deputy assessment fee, annual supervision fees of £35 or £320, and a possible security bond. A hearing fee and professional costs may also apply.
• Less flexible: the court chooses who acts, not you.

💡 Consumer expert Martin Lewis has called LPAs one of the most important documents you can make.

A professionally prepared LPA is usually far simpler and less expensive than leaving your family to apply for deputyship later.

3) Does a Will override an LPA?

No. A Will only takes effect after death. An LPA covers decisions while you’re alive but unable to act.

4) Is “next of kin” enough for decisions?

No. “Next of kin” has no automatic legal decision-making rights for adults. Hospitals and banks typically require a valid LPA or a court order.

5) Can my children just decide together without an LPA?

No. Children have no automatic decision-making rights for parents.

🏦 Money & property

6) What’s the difference between Property & Financial Affairs and Health & Welfare LPAs?

• Property & Financial Affairs: covers money, banking, bills, and property.
• Health & Welfare: covers care, daily living, and medical treatment.

👉 Health & Welfare LPAs can only be used when you lack capacity. Property & Financial Affairs LPAs can apply immediately if you choose, or only if you later lose capacity.

7) How long does it take to register an LPA?

GOV.UK currently says registration usually takes 8 to 10 weeks if there are no mistakes. This includes a statutory waiting period.

8) How much does an LPA cost to register?

£92 per LPA. Fern Wills & LPAs collects this separately from our professional fee and manages payment and registration with the Office of the Public Guardian (OPG). Fee reductions or exemptions may apply depending on income or benefits.

9) Are joint bank accounts safe without an LPA?

Not always. If one joint holder loses capacity, banks/building societies can restrict the account (often to essential spending) until an LPA is registered or a deputy is appointed.

⚠️ Important: using someone else’s login details or online banking access without formal authority from the bank can breach bank rules and may create legal or fraud-risk issues. It can also make it harder to recover money if something goes wrong.

10) Can attorneys sell my house?

Yes, if authorised and in your best interests. Any instructions in your LPA must be followed.

11) Can attorneys make gifts with my money?

Only modest, reasonable gifts on customary occasions (e.g. birthdays, Christmas) or to charities you support. Larger or non-customary gifts require prior Court of Protection approval.

12) Do LPAs cover business decisions?

Not automatically. Business owners often create a separate Property & Financial Affairs LPA limited to business matters (a “Business LPA”). We can draft a Business LPA limited to company matters alongside your personal LPA if needed.

🏥 Health & welfare

13) Do LPAs cover medical treatment decisions?

Yes. A Health & Welfare LPA allows attorneys to discuss options with doctors and consent or refuse treatment on your behalf.

14) Can attorneys decide about life-sustaining treatment?

Only if you expressly authorise this in the Health & Welfare LPA.

15) Can an LPA influence care home choice?

Yes. Attorneys can decide where you live and what care you receive, provided it’s in your best interests.

16) What if I’m physically unable but mentally alert?

A Property & Financial Affairs LPA still helps — attorneys can manage paperwork and banking while you direct decisions.

🧠 Capacity & timing

17) Is it too late to make an LPA after a dementia diagnosis?

Not necessarily. You can make an LPA as long as you understand the document and its effect. Early action is best.

18) Do LPAs expire or need renewing?

No. Once registered, they last for life unless revoked. They end automatically on your death.

19) Can I change or cancel an LPA?

Yes. You can revoke and make a new one at any time while you have capacity.

20) Can I wait until I lose capacity to make one?

No. An LPA must be completed and registered while you have mental capacity.

👤 Attorneys themselves

21) Can I appoint more than one attorney?

Yes. They can act jointly (together) or jointly and severally (together or separately).

22) What if my attorney dies or can’t act?

You can name replacement attorneys. Without one, the LPA may fail.

22a) Can I or my attorney live abroad?

Yes. The donor does not need to live in the UK or be a British citizen to make an LPA, and an attorney does not need to live in the UK or be a British citizen either. The LPA is legally binding only in England and Wales, so overseas use can be less straightforward in practice.

A foreign address can still be used if it is the donor’s real current address. If the donor or an attorney later changes address, the Office of the Public Guardian (OPG) should be told. Do not alter the LPA itself after registration.

From a practical point of view, distance, time zones, identity checks, and dealing with banks or providers can make life easier or harder. One common solution, where it suits the family, is to appoint one attorney in the UK and one abroad jointly and severally, so either can act if needed. That is not compulsory, but it can be a sensible practical safeguard.

23) Can attorneys misuse their power?

They must follow the Mental Capacity Act 2005 and act in your best interests. Abuse is rare and can be challenged in court.

24) Who checks what attorneys are doing?

The Office of the Public Guardian (OPG) can investigate complaints. Attorneys should keep proper accounts and records.

25) Can I choose a professional attorney instead of family?

Yes. Some appoint a solicitor or professional trustee for independence.

⚖️ Practical/legal details

26) Do LPAs need witnesses?

Yes. The donor, attorneys, certificate provider and witnesses all have signing roles, and the order matters. We guide clients through this carefully because signing mistakes are a common cause of delay.

27) Can I make an LPA online?

There is an official route for people who want to prepare their own LPA. The risk is that mistakes in wording, choices or signing can delay registration or create problems later. Many clients prefer professional guidance so the choices, wording and signing process are checked properly.

28) Can I restrict what my attorneys do?

Yes. You can include legally binding instructions and non-binding preferences in the LPA.

29) Do LPAs cover inheritance tax or estate planning?

No. LPAs govern decision-making in life. Tax and estate planning require separate advice (e.g., Wills, trusts).

30) Are LPAs only for the elderly?

No. Accidents, illness and unexpected events affect all ages. Many people arrange LPAs in their 30s and 40s.

Technical Notes

• Law: LPAs are governed by the Mental Capacity Act 2005 and supervised by the Office of the Public Guardian (OPG).
• Court of Protection deputyship: Application fee £421, hearing £259, appeal £265, £100 assessment (new deputies), £35–£320 annual supervision, plus legal fees and possible security bond.
• Errors in wording, missing details, unsuitable instructions or signing mistakes can delay registration or cause practical problems later.

Next steps

If you do not yet have LPAs, the sensible next step is to decide who should act for you, which halves of LPA planning you need, and whether any instructions or safeguards should be included.

Most clients should consider both Property & Financial Affairs and Health & Welfare LPAs, because they protect different parts of your life.

Fern Wills & LPAs can guide you through the choices, prepare the documents and manage the registration process.

This article is general information only, not individual advice.

If you’d like help applying this to your circumstances, we can guide you through the options.