Lasting Power of Attorney and Care: Why It Matters, and When
The document families wish they had sorted sooner
A lasting power of attorney is a legal document that lets someone appoint one or more trusted people to make decisions on their behalf if they cannot. There are two types, health and welfare, and property and financial affairs. Registration costs £92 per type and takes 8 to 10 weeks if the application has no mistakes, and the person must be 18 or over with mental capacity when it is made.
In our work we see the difference an LPA makes when care decisions arrive. This guide explains the essentials, from the current GOV.UK guidance, and why the right time to arrange one is before it is needed.
Lasting Power of Attorney at a Glance
The essentials:
- Two types: health and welfare, and property and financial affairs. Most families arrange both
- Made while someone still has mental capacity: it cannot be set up after capacity is lost
- Registration costs £92 per LPA, with reductions and exemptions for lower incomes
- Registration takes 8 to 10 weeks with a mistake-free application
- Health and welfare LPAs only take effect if capacity is lost. Property and financial LPAs can be used earlier, with permission
- Without one, families may need a Court of Protection deputyship, which is slower and more expensive
Figures on this page were checked on 13 August 2026 against GOV.UK’s lasting power of attorney guidance. Rates can change, usually each April, and GOV.UK always has the most up to date figures.
The Two Types, and What They Cover
Health and welfare
Covers decisions about daily routine, medical care, moving into a care home and life-sustaining treatment. It can only be used once the person can no longer make those decisions themselves. For care arrangements, this is the LPA that lets a son or daughter agree a care plan on a parent’s behalf.
Property and financial affairs
Covers money, bills, benefits, bank accounts and property. With the person’s permission it can be used while they still have capacity, which is often practical: an attorney can manage payments for care, claim benefits such as Attendance Allowance, and keep the finances orderly.
Care decisions rarely wait. When a family contacts us and the person needing care cannot direct their own arrangements, the first practical question is who can lawfully decide and pay. With LPAs in place, the answer is immediate. Without them, families can face months of Court of Protection process at exactly the wrong moment.
We also see the financial LPA earn its keep quietly: paying invoices, managing a direct payment, claiming Attendance Allowance, all without drama, because the authority was sorted years earlier.
You can make an LPA online at gov.uk/power-of-attorney, use a solicitor, and register it with the Office of the Public Guardian.
The person makes the LPA themselves, choosing their attorneys and how they must act, together or independently. It needs a certificate provider to confirm the person understands what they are signing and is not under pressure. It then must be registered with the Office of the Public Guardian before use, which is why the 8 to 10 week timeline matters: register early, not at the point of crisis.
A dementia diagnosis does not automatically mean capacity has been lost. Many people diagnosed with dementia still have the capacity to make an LPA, which is why early arrangement matters so much. Our dementia care page covers the wider picture of support after a diagnosis.
GOV.UK has the forms and guidance, and the process can be done without a solicitor, though many families prefer one for peace of mind, particularly where the estate is complex. Age UK offers free guidance on getting started. For anything beyond the basics in this guide, a solicitor is the right person to advise: we explain the care side, not the legal side, and we are careful about the difference.
Common Questions About Lasting Power of Attorney
What does a lasting power of attorney cost?
Registration costs £92 per LPA, so £184 for both types, with reductions and exemptions for people on lower incomes. Using a solicitor adds their fee, but the process can be done without one.
Can an LPA be made after someone loses capacity?
No. The person must have mental capacity when the LPA is made. Once capacity is lost, families need a Court of Protection deputyship instead, which is slower and more expensive, which is why arranging LPAs early matters.
Can someone with dementia still make an LPA?
Often, yes. A dementia diagnosis does not automatically mean capacity has been lost, and many people diagnosed with dementia can still make an LPA. The certificate provider confirms understanding at the time of signing.
How long does registration take?
8 to 10 weeks if there are no mistakes in the application, which is why registering well before the LPA is needed is the sensible course.
Does a health and welfare LPA cover care decisions?
Yes. It covers daily routine, medical care and decisions about care arrangements, including agreeing a home care plan, and it takes effect only if the person can no longer decide for themselves.
Do you need an LPA to arrange care with Starling?
Not where the person needing care can decide for themselves: they simply arrange it with us directly. An LPA matters when they cannot, because it makes clear who can lawfully agree and pay for the care.
How to Get Started
- Talk as a family about who would act, and for which decisions
- Make and register both LPAs at gov.uk/power-of-attorney, well before they are needed
- When care decisions do arrive, we are here to help you think them through. Call 01727 324 127