What do UK carers need to know about Lasting Powers of Attorney (LPAs)?
Chris Watts, MSWW, CeMAP – Fern Wills & LPAs
Last verified: 18 August 2025 (England & Wales)
Quick-read summary
If you care for a loved one, whether as a family member or in a paid role, you may already know how complicated everyday decisions can become. A Lasting Power of Attorney (LPA) can be the difference between smooth support and endless red tape.
- “Next of kin” has no automatic legal power to act. Without an LPA, banks, doctors, and social services may refuse to deal with you.
- LPAs come in two forms: Property & Financial Affairs and Health & Welfare. Many carers benefit from both.
- Setting one up early is vital. Once capacity is lost, it’s too late — and you may need to apply to the Court of Protection instead.
In short: LPAs are one of the most practical tools carers can have.
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.
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
“A Lasting Power of Attorney doesn’t just offer peace of mind — it empowers individuals to take control of their futures. We’ve partnered with Carers UK to deliver an informational session to explain how LPAs can provide lasting reassurance for both carers and their loved ones.
”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 a 1deputyship via the Court of Protection — a slower, more expensive process.
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 themselves.
- Registration fee: £82 per document, with reductions for low-income households and exemptions for certain benefits.
- 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 — they are practical tools that protect both carers and the people they support.
If you’re a carer and would like clear advice on setting one up:
📞 Call Chris Watts at Fern Wills & LPAs for an honest, no-obligation chat.
