A will protects your family after you die. A Lasting Power of Attorney (LPA) protects you while you're still alive.
If you're making a will, an LPA should be next on your list. In many ways, it's more urgent — because the situations it covers can happen at any age, without warning.
22% of people who make a will now also set up an LPA, up from 15% in 2023. The number is growing because people are realising what happens without one: your family can't access your money, sell your house, or make medical decisions on your behalf — even in an emergency.
CheapWills offers LPAs for £49.99 each, compared to £300–£500 at a typical solicitor. Here's everything you need to know.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you appoint someone you trust (called an "attorney") to make decisions on your behalf if you lose the mental capacity to make them yourself.
"Losing capacity" can happen through:
- Dementia or Alzheimer's disease
- A stroke
- A severe accident or head injury
- A brain tumour
- Mental illness
- Any condition that affects your ability to make decisions
The key point: you must set up an LPA while you still have capacity. If you wait until you've lost capacity, it's too late. You can't sign a legal document if you can't understand what you're signing.
The Two Types of LPA
There are two separate types of LPA, each covering different decisions.
1. Health and Welfare LPA
This covers decisions about:
- Your medical treatment (including refusing treatment)
- Where you live (at home, in a care home)
- Your daily routine (diet, dress, activities)
- Life-sustaining treatment (if you choose to give your attorney this power)
A Health and Welfare LPA can only be used when you've lost capacity. Your attorney can't make health decisions for you while you're still capable.
2. Property and Financial Affairs LPA
This covers decisions about:
- Paying your bills and managing your bank accounts
- Collecting your pension or benefits
- Selling or managing your property
- Making investments on your behalf
- Managing your tax affairs
A Property and Financial LPA can be used while you still have capacity — if you want your attorney to help manage your finances (useful if you're physically unwell but still mentally capable, for example).
Do You Need Both?
Most people benefit from having both types. They cover different situations, and you don't want gaps.
If you can only afford one, the Property and Financial LPA is usually more immediately practical — it's the one that lets your family access your money to pay your bills and mortgage.
But the Health and Welfare LPA is essential for medical decisions. Without one, your family has no legal right to decide your medical treatment, even if the doctors want family input.
What Happens Without an LPA?
This is where the horror stories come from.
You Can't Access Their Money
Without a Property and Financial LPA, your family cannot access the person's bank accounts, even to pay their mortgage, council tax, or care home fees. Banks won't release funds without legal authority.
The alternative is applying to the Court of Protection for a "deputyship" — which costs £371 in court fees, typically £1,000–£3,000 in legal fees, takes months to process, and requires ongoing annual reporting and supervision fees.
Decisions Are Made by Strangers
Without a Health and Welfare LPA, medical decisions are made by healthcare professionals in what they judge to be your "best interests." Your family can be consulted but has no legal authority to make decisions.
This means strangers — however well-meaning — decide where you live, what treatment you receive, and potentially whether life-sustaining treatment continues.
The House Might Not Be Sellable
If you own a property and lose capacity, that property cannot be sold without legal authority. If your family needs to sell your house to fund your care, they'll need to go through the Court of Protection. This process takes months and can delay care arrangements.
Real-World Example
Margaret, 78, developed dementia. Her daughter tried to access Margaret's savings to pay for care home fees. The bank refused — Margaret hadn't set up an LPA.
The daughter applied to the Court of Protection. It took five months and cost £2,400 in legal fees. During those five months, the daughter paid the care home fees herself — over £12,000 — with no way to recover the money until the deputyship was granted.
An LPA set up in advance would have resolved this instantly.
How Much Does an LPA Cost?
Every LPA must be registered with the Office of the Public Guardian (OPG). The registration fee is £82 per LPA — this is a government charge that applies regardless of which provider you use.
On top of the OPG fee, you pay for the preparation of the LPA document itself:
| Provider | LPA Preparation (each) | Total Cost per LPA (inc. OPG) |
|---|---|---|
| CheapWills | £49.99 | £131.99 |
| Farewill | £90 | £172 |
| Solicitors (typical) | £300–£500 | £382–£582 |
For both types of LPA:
| Provider | Preparation (both) | Total Cost (inc. both OPG fees) |
|---|---|---|
| CheapWills | £99.98 | £263.98 |
| Farewill | £180 | £344 |
| Solicitors (typical) | £600–£1,000 | £764–£1,164 |
CheapWills saves you £500–£900 compared to a solicitor for both LPAs. The OPG fees are identical — the saving is entirely on the preparation cost.
How to Set Up an LPA
Step 1: Choose Your Attorneys
You need to decide who will act as your attorney for each type of LPA. You can name:
- The same person for both types
- Different people for health and financial decisions
- Multiple attorneys (acting jointly, or jointly and severally)
Choose people you trust completely. They'll have significant power over your life and finances.
Step 2: Choose Replacement Attorneys
Name backup attorneys in case your first-choice attorney can't act (they might die, lose capacity themselves, or become bankrupt).
Step 3: Set Any Preferences or Restrictions
You can include:
- Preferences — things you'd like your attorney to consider (not legally binding, but give guidance)
- Restrictions — specific limits on your attorney's powers (these are legally binding)
Step 4: Choose a Certificate Provider
Every LPA needs a "certificate provider" — an independent person who confirms you understand what you're signing and aren't being pressured. This can be someone who knows you well (not a family member or attorney), or a professional (doctor, solicitor, social worker).
Step 5: Complete and Sign
The LPA must be signed by you, your attorneys, and the certificate provider. Specific signing rules apply — follow the instructions carefully.
Step 6: Register with the OPG
The LPA must be registered with the Office of the Public Guardian before it can be used. Registration costs £82 per LPA and takes 8–10 weeks.
Important: An unregistered LPA cannot be used. Don't assume that completing the form is enough — you must register it.
LPA vs Enduring Power of Attorney
If you've heard of an "Enduring Power of Attorney" (EPA), that's the old system. EPAs were replaced by LPAs in 2007.
EPAs only covered financial decisions. LPAs cover both financial and health decisions (in separate documents). If you have an existing EPA that was signed before October 2007, it's still valid for financial matters. But you can't create new EPAs.
When to Set Up an LPA
Now. Not when you're 80. Not when you get a diagnosis. Now.
LPAs can only be created while you have mental capacity. Once capacity is lost, it's too late. Since conditions like strokes, accidents, and early-onset dementia can strike at any age, the time to set up an LPA is when you're healthy and capable.
Think of it like insurance: you arrange it before you need it, hoping you never do.
Many people set up LPAs at the same time as making their will. It's a natural pairing — you're already thinking about protecting your family and your future.
Who Should Be Your Attorney?
Your attorney should be:
- Someone you trust absolutely — they'll have access to your money and/or medical decisions
- Over 18
- Mentally capable themselves
- Willing to act — ask them before naming them
- Reliable and organised — especially for financial matters
Common choices:
- Spouse or partner
- Adult children
- Close friend
- Professional (solicitor, accountant) — though they'll charge for their time
You can name multiple attorneys and decide whether they must act:
- Jointly — all must agree on every decision (slower but safer)
- Jointly and severally — any one of them can make decisions independently (faster but requires more trust)
- A combination — jointly for some decisions, jointly and severally for others
LPA and Wills: The Complete Picture
A will protects your family after you die. An LPA protects you (and your family) while you're alive but unable to manage your own affairs.
Together, they form the two essential legal documents every adult should have:
| Document | When It's Used | What It Covers |
|---|---|---|
| Will | After you die | Distribution of your estate, guardianship of children |
| Health & Welfare LPA | If you lose mental capacity | Medical treatment, care arrangements, daily welfare |
| Property & Financial LPA | If you lose capacity (or earlier if you choose) | Bank accounts, bills, property, investments |
Total cost at CheapWills: Will (£9.99) + both LPAs (£99.98) + OPG fees (£164) = £273.97
Total cost at a solicitor: Will (£150–£500) + both LPAs (£600–£1,000) + OPG fees (£164) = £914–£1,664
Saving with CheapWills: £640–£1,390
Making an LPA with CheapWills
CheapWills offers both types of LPA for £49.99 each (plus the £82 OPG registration fee per LPA).
The process follows the same approach as our will service:
- Answer a guided questionnaire about your attorneys, preferences, and restrictions
- We generate the LPA forms using correct OPG formatting
- You download the forms, sign them, and have them witnessed
- You register them with the OPG (£82 each)
Frequently Asked Questions
How much does a Lasting Power of Attorney cost?
CheapWills charges £49.99 per LPA for the document preparation, plus the mandatory £82 OPG registration fee. So one LPA costs £131.99 total. Solicitors typically charge £382–£582 per LPA (including the OPG fee).
Do I need both types of LPA?
It's strongly recommended. The Health & Welfare LPA covers medical and care decisions. The Property & Financial LPA covers money and assets. Without both, there are gaps in your coverage.
Can I set up an LPA for free?
You can fill in the LPA forms yourself using the OPG's online tool for free. You still pay the £82 registration fee per LPA. However, the forms are complex and mistakes can cause rejection, costing time and potentially additional fees. CheapWills' guided process at £49.99 reduces the risk of errors.
What's the difference between an LPA and a will?
A will takes effect after you die and controls who inherits your estate. An LPA takes effect if you lose mental capacity and controls who makes decisions for you while you're alive.
Can my attorney change my will?
No. An attorney's powers do not extend to changing your will. Only you can change your will, and only while you have mental capacity.
How long does LPA registration take?
Currently 8–10 weeks from when the OPG receives your application. You should register well in advance of needing the LPA.