Why This Matters Now
If your parent loses the ability to make decisions for themselves — through dementia, a stroke, or any condition that affects their mental capacity — and there’s no Power of Attorney in place, nobody in the family can legally make decisions on their behalf. Not about their finances, not about their care, not about where they live.
Without an LPA, you’d need to apply to the Court of Protection, which can take 6-12 months, cost significantly more, and add enormous stress at an already difficult time. Setting up an LPA while your parent is still well enough is one of the most important things you can do as a family.
The Two Types of LPA
There are two separate Lasting Power of Attorney documents, and they cover different things:
1. Property and Financial Affairs LPA
This allows the chosen attorney to manage things like:
- Bank accounts and savings
- Paying bills and managing pensions
- Selling or renting property
- Dealing with tax
- Making investment decisions
This LPA can be used as soon as it’s registered, even while your parent still has capacity — with their permission. Many families find this useful if a parent is becoming frail and struggling with paperwork.
2. Health and Welfare LPA
This covers decisions about:
- Where your parent lives (including whether they move into a care home)
- Daily care routines
- Medical treatment
- Life-sustaining treatment (if the LPA specifically includes this)
This LPA can only be used when your parent lacks the mental capacity to make the decision themselves. The attorney must always act in the person’s best interests.
Who Can Be an Attorney?
Anyone over 18 who has mental capacity can be appointed as an attorney. Most people choose family members — adult children, a spouse, or a trusted friend. You can appoint:
- One attorney acting alone
- Multiple attorneys acting jointly (all must agree on every decision)
- Multiple attorneys acting jointly and severally (can act together or independently)
For most families, appointing two or more attorneys acting jointly and severally offers the best balance of practicality and oversight.
How to Set It Up
- Complete the LPA forms — available online at gov.uk/lasting-power-of-attorney or through a solicitor
- Choose a certificate provider — an independent person who confirms your parent understands what they’re signing (a GP, solicitor, or someone who’s known them for at least 2 years)
- Sign the documents — specific signing order matters: donor first, then certificate provider, then attorneys
- Register with the Office of the Public Guardian (OPG) — this currently takes 8-12 weeks and costs £82 per LPA
Total cost: £82 per LPA if you do it yourself (so £164 for both), or £500-£1,500 if you use a solicitor. People on certain benefits may qualify for a fee reduction or exemption.
Common Mistakes to Avoid
- Waiting too long: Your parent must have mental capacity when they sign the LPA. If they already have a dementia diagnosis, it may still be possible but a medical assessment may be needed.
- Only doing one type: You need both a financial LPA and a health and welfare LPA for complete coverage.
- Not registering it: An LPA isn’t valid until it’s registered with the OPG. Don’t fill in the forms and leave them in a drawer.
- Not telling anyone: Make sure other family members know the LPA exists and who the attorneys are. Keep copies somewhere accessible.
What If It’s Already Too Late?
If your parent has already lost mental capacity and no LPA exists, the only option is to apply to the Court of Protection for a deputyship order. This is more expensive (£371 application fee plus ongoing supervision fees), more complex, and requires ongoing annual reporting to the court.
This is precisely why early planning matters so much.
How This Relates to Care Home Decisions
If your parent needs to move into a care home and can’t make that decision themselves, a Health and Welfare LPA gives you the legal authority to make that decision on their behalf — in their best interests, considering their wishes and preferences.
Without it, the local authority and medical professionals will make these decisions, and the family may have limited say in where their parent ends up living.
If you’re already at the stage of looking at care options, CareFinder can help you compare care homes in your area and find the right fit.