What is a Lasting Power of Attorney and Why Do You Need One?

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Planning for the future isn’t just about writing a Will. A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place to protect your wishes while you’re still alive.  

Erin Clarke, Associate and Solicitor in the Wills and Probate team at Bromley’s explains what an LPA is, why it matters, the different types available, and the recent update to registration fees. 

What is a Lasting Power of Attorney? 

An LPA is a legal document that allows you to appoint one or more trusted people (called Attorneys) to make decisions on your behalf if you lose mental capacity. This could happen through illness, accident, or a progressive condition such as dementia. 

There are two types of LPA: 

Property and Financial Affairs LPA – covers managing your money, paying bills, and even selling your home. 

Health and Welfare LPA – covers decisions about your care, medical treatment, and where you live. 

Without these documents, professionals or the Court of Protection will decide for you, not your family. 

Do I Need an LPA if I Already Have a Will? 

Yes. A Will only takes effect after death. An LPA applies during your lifetime, ensuring someone you trust can act if you cannot. Attorneys do not automatically become executors of your estate, so both documents are essential. 

Why Make an LPA Now? 

You can only make an LPA while you have mental capacity. If you lose the ability to understand or communicate, it’s too late. Without an LPA, loved ones must apply for Deputyship through the Court of Protection, which is more costly and time‑consuming. 

What Happens if I Don’t Have an LPA? 

Many assume a spouse or child can automatically make decisions for them.

This is a common misconception. Without an LPA, they have no legal authority and must go through a lengthy court process. 

How Much Does It Cost to Register an LPA? 

The Office of the Public Guardian (OPG) charges a fee to register each LPA. From 17 November 2025, the fee increases from £82 to £92 per LPA. Most people register two LPAs, so the total cost will rise from £164 to £184. 

We’re Here to Help 

Our expert team at Bromleys can help you navigate planning for your future and giving you the peace of mind that an LPA properly represents your wishes. We can provide expert advice to drafting or updating an LPA to match your unique circumstances. 

Contact us today on 0161 330 6821 or email bromleys@bromleys.co.uk to speak to one of our experts.