What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf, if you ever become unable to make them yourself. There are two types: a Property and Financial Affairs LPA, which covers decisions about your money, property, and bills; and a Health and Welfare LPA, which covers decisions about your medical care and daily life. You must be 18 or over and have mental capacity to make an LPA. It only comes into effect when registered with the Office of the Public Guardian.

How much does an LPA cost?

The questionnaire is completely free. Seeing your completed document is free. If you want us to generate your completed, checked document and email it to you — that is £39 per document, or £69 for both. Optional extras like our signing guide (£67) and print and post service (£25) are just that — optional. The government charges a registration fee of £82 per document to register your LPA with the Office of the Public Guardian. This is paid directly to them, not to us, and is the same regardless of who helps you with your LPA. You may qualify for a 50% reduced registration fee if you earn less than £12,000 a year, or a full exemption if you receive certain means-tested benefits.

Can I do an LPA without a solicitor?

Yes — completely. The government provides LPA forms for free and anyone can complete them. Solicitors charge £400-£900 to fill in the same free forms. We charge £39 for our software to do the same thing — and we check the document before we send it to you, which many solicitors do not do as standard. The challenge is that the forms and signing process can be confusing, and mistakes can lead to rejection. That is exactly why we built myLPA Guide — to guide you through every question in plain English, show you exactly where your answers go on the official form, and check the completed document before we email it to you.

What happens if my LPA gets rejected?

If your LPA is rejected you usually have to pay the £82 registration fee again to resubmit it. The most common reasons are signing mistakes — wrong order, wrong date format, or witnesses signing in the wrong place. Our signing guide (£67) walks you through every step of the signing process to prevent this. We also check every document we generate before emailing it to you. Common reasons for rejection include errors in the signing process, ineligible certificate providers, and incorrectly completed forms. The OPG rejects thousands of applications every year. Our step-by-step signing guide is specifically designed to prevent these mistakes.

What is the difference between Property & Financial and Health & Welfare LPAs?

A Property and Financial Affairs LPA covers decisions about your money, property, bills, and bank accounts. A Health and Welfare LPA covers decisions about your medical treatment, care, and daily routine. Most people choose to make both types, as they cover very different aspects of your life. Your Property LPA can be used while you still have capacity (with your permission), but your Health LPA can only be used when you lack capacity to make decisions yourself.

How long does an LPA take to register?

Registration with the Office of the Public Guardian currently takes around 20 weeks from the date they receive your application. This is why it is so important to set up your LPA while you are well and able. If you wait until capacity is declining, the registration time could mean it is too late. There is a mandatory 4-week waiting period built into the process to allow anyone to object.

Do I need a certificate provider?

Yes. Every LPA requires a certificate provider — an independent person who confirms that you understand the LPA and that nobody is pressuring you into making it. Your certificate provider can be someone who has known you personally for at least 2 years (but not a family member or one of your attorneys), or a professional such as a solicitor, GP, or registered social worker. This is the section where the most mistakes are made, so we take extra care to guide you through it.

What is the signing process for an LPA?

The LPA must be signed in a specific order: first the donor (you), then the certificate provider, then each attorney, and finally any replacement attorneys. Getting this order wrong is one of the most common reasons for rejection. Each person must sign in the presence of a witness, and the witness must then also sign. Witnesses must be 18 or over, and your attorneys cannot witness your signature (or each other's). Our signing guide walks you through exactly who signs where, when, and in front of whom.

Can my spouse and I both make LPAs?

Yes. Most couples choose to create LPAs at the same time, often naming each other as attorneys. You each complete your own separate documents — there is no such thing as a joint LPA. Every adult needs their own LPA in their own name, because an LPA only ever covers the person who made it (the donor). Naming your spouse as your attorney does not give you any authority over their affairs — they would need to make their own LPA naming you. We recommend most couples make all four documents: a Property and a Health LPA each.

Is myLPA a legal service?

No. myLPA Guide is a document preparation and software service. We are not a law firm and we do not provide legal advice. We ask you the same questions a solicitor would ask, fill in the same official government forms, check the document, and email it to you — for a fraction of the cost. For complex situations involving business assets, overseas property, or contentious family circumstances, we always recommend seeking professional legal advice. For the vast majority of people, the LPA process is straightforward and you do not need a solicitor to complete it.

Can my attorney override my doctor?

Your attorney can consent to or refuse medical treatment on your behalf, which effectively gives them the power to disagree with a doctor's recommendation. However, they must always act in your best interests.

Does this LPA replace a living will?

A Health and Welfare LPA and an advance decision (living will) serve different purposes. An advance decision is a specific refusal of certain treatments. An LPA gives your attorney broader decision-making power. They can coexist, but if they conflict, the more recent document generally takes precedence.

Can my attorney decide where I live?

Yes. If you lack mental capacity, your Health and Welfare attorney can make decisions about your living arrangements, including whether you move into a care home.

When does "lack of mental capacity" apply?

Mental capacity is assessed on a decision-by-decision basis. You lack capacity for a specific decision if you cannot understand the information relevant to it, retain that information, weigh it up, or communicate your decision.

Can I have both types of LPA?

Yes, and it is strongly recommended. The Health and Welfare LPA covers medical and care decisions, while the Property and Financial Affairs LPA covers finances. Most people benefit from having both.

How much does a Health and Welfare LPA cost?

With myLPA Guide, the document costs £39 plus the £92 OPG registration fee — £131 total. Both LPA types together cost £69 plus £184 in registration fees — £253 total.

Health and Welfare LPA Explained — Complete Guide

What is a Health and Welfare LPA?

A Health and Welfare LPA is a legal document that gives your chosen attorneys the authority to make decisions about your health, medical treatment, and personal welfare. This includes:

Decisions about medical treatment and medication
Where you live and your living arrangements
Your daily routine, diet, and personal care
Who you have contact with
Whether you move into a care home
Life-sustaining treatment (if you give your attorneys this power)

This type of LPA uses form LP1H and is registered with the Office of the Public Guardian.

When can this LPA be used?

This is the key difference from the Property and Financial Affairs LPA. A Health and Welfare LPA can only be used when you lack the mental capacity to make a specific decision yourself. While you can still make your own decisions, your attorneys have no authority to act.

Mental capacity is decision-specific. This means you might have capacity to decide what to eat today but lack capacity to understand a complex medical treatment plan. Your attorneys can only step in for decisions you cannot make yourself.

What is the life-sustaining treatment decision?

One of the most important parts of the Health and Welfare LPA is Section 5, where you choose whether to give your attorneys the power to consent to or refuse life-sustaining treatment on your behalf.

Life-sustaining treatment includes any medical treatment that a doctor considers necessary to keep you alive. This can include:

Artificial ventilation
Artificial nutrition and hydration (tube feeding)
Cardiopulmonary resuscitation (CPR)
Certain medications

If you do give your attorneys this power, they can make decisions about these treatments when you cannot. If you do not, these decisions will be made by your doctors in your best interests.

This is a deeply personal decision. There is no right or wrong answer — it depends on your values and your trust in your attorneys. Discuss it with your attorneys and family before completing this section.

Why is this LPA important?

Without a Health and Welfare LPA, decisions about your medical care and living arrangements will be made by healthcare professionals — often doctors you may never have met. While they are required to act in your best interests, they will not know your personal values, preferences, or wishes unless you have documented them.

An LPA ensures that someone who knows you and cares about you has the legal authority to speak up on your behalf. Read more about what happens without an LPA.

Who can be an attorney for a Health and Welfare LPA?

Anyone aged 18 or over with mental capacity can be an attorney on a Health and Welfare LPA. Unlike the Property and Financial Affairs LPA, there is no restriction on people who are bankrupt — the financial restriction does not apply here because this LPA does not cover money.

Choose attorneys who understand your values around health, care, and medical treatment. They should be people who can make difficult decisions under pressure and who will respect your wishes. See our guide on how to choose your attorneys.

Can you have different attorneys for health and financial LPAs?

Yes, and some people prefer this. You might want a financially savvy person managing your money (Property and Financial Affairs LPA) and a close family member who understands your health values managing your welfare decisions (Health and Welfare LPA). The two LPAs are completely separate documents with no requirement to use the same attorneys.

How do you set up a Health and Welfare LPA?

myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.

To create your Health and Welfare LPA:

Start your free LPA questionnaire
Select Health and Welfare LPA
Answer the questions about your attorneys, preferences, and the life-sustaining treatment decision
Review your answers on the official LP1H form
Generate your document for £39 (or £69 for both LPA types)
Print, sign in the correct order, and register with the OPG for £92

What preferences should you include?

Common preferences people include in their Health and Welfare LPA are:

"I would prefer to be cared for at home rather than in a care home."
"I would like my attorneys to consult my GP before making major medical decisions."
"I do not want to be given treatment purely to prolong my life if I have no quality of life."
"I would like to continue attending [religious/community] activities for as long as possible."

Preferences are not legally binding but guide your attorneys. Instructions (binding requirements) should be used sparingly and carefully worded.

Health and Welfare LPA Explained — Complete Guide

What is a Health and Welfare LPA?

When can this LPA be used?

What is the life-sustaining treatment decision?

Why is this LPA important?

Who can be an attorney for a Health and Welfare LPA?

Can you have different attorneys for health and financial LPAs?

How do you set up a Health and Welfare LPA?

What preferences should you include?

Frequently Asked Questions

Can my attorney override my doctor?

Does this LPA replace a living will?

Can my attorney decide where I live?

When does "lack of mental capacity" apply?

Can I have both types of LPA?

How much does a Health and Welfare LPA cost?

Related Articles

Property and Financial Affairs LPA Explained — Complete Guide

Do I Need Both Types of LPA? Property & Financial vs Health & Welfare

How to Choose Your Attorneys for an LPA — Selection Guide

What Happens If You Don't Have an LPA? The Real Consequences

LPA and Dementia — What You Need to Know

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