Your Complete Guide: The Top 30 Questions (and Myths) About Lasting Powers of Attorney
By Chris Watts, Will Writer — Fern Wills & LPAsLast verified: 5 September 2025 (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 abounds. Many people believe spouses or “next of kin” can step in automatically. The truth is very different. This guide answers the 30 most common questions and myths about LPAs, with plain-English answers backed by law.
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 stroke 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 — leaving the family in real difficulty.
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: £421 application fee, £100 assessment fee, £35–£320 annual supervision fee, solicitor’s costs, and possibly a security bond.
- 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. His guidance is clear: “It costs a few hundred pounds with a professional, compared to thousands for a Court of Protection deputyship.”
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?
Typically 8–10 weeks if there are no mistakes, including a 4-week statutory waiting period.
8) How much does an LPA cost to register?
£82 per LPA at present. From 17 November 2025, it rises to £92 for applications received on or after that date. Fee remissions/exemptions may apply.
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: Accessing someone else’s bank account without formal authority can amount to a criminal offence under the Computer Misuse Act 1990.
10) Can attorneys sell my house?
Yes, if authorised and in your best interests. Any instructions in your LPA must be followed.
11) Attorneys make gifts with my money?
Only modest, reasonable gifts on customary occasions (e.g. birthdays, Christmas) or to charities you support. Larger gifts require 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”).
🏥 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 by completing the relevant section of form LP1H.
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.
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 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. You, your attorneys, a certificate provider, and independent witnesses must sign in the correct order.
27) Can I make an LPA online?
Yes, via gov.uk. However, errors are common and cause delays; many people prefer a professional check.
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.
Optional Technical Notes (for those who want the detail…)
- Law: LPAs are governed by the Mental Capacity Act 2005 and supervised by the Office of the Public Guardian (OPG).
- Forms: LP1F (Property & Financial) and LP1H (Health & Welfare).
- 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.
- Registration fee: £82 per LPA (2025), rising to £92 from 17 November 2025. Remissions and exemptions apply in some cases.
- DIY errors: Thousands of LPA applications are rejected annually due to mistakes (e.g. wrong signing order, missing details), which extend timescales.
Next steps
If you don’t yet have an LPA, now is the time to act. They protect you while you’re alive and give peace of mind to those closest to you.
📞 Contact Fern Wills & LPAs to discuss your options. We’ll guide you through the process and ensure everything is set up correctly — no jargon, no fuss.
Sources & further reading
- GOV.UK — Make, register or end a lasting power of attorney
- Office of the Public Guardian — official guidance
- Legislation — Mental Capacity Act 2005
⚖️ Compliance note: This article is for general information about LPAs in England & Wales. It isn’t legal advice. For personalised advice, please contact Fern Wills & LPAs.
