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.

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.

LPA and Care Homes — Using Power of Attorney for Care Home Decisions

Q: 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.

Why do you need an LPA for care home decisions?

When a loved one needs to move into a care home, two types of decisions need to be made: where and how they will be cared for, and how the care will be paid for. Without a Lasting Power of Attorney, nobody in the family has the legal authority to make either type of decision.

If a person loses mental capacity without an LPA, their family would need to apply for a deputyship order from the Court of Protection — a process that takes months and costs over £1,000. Meanwhile, urgent care decisions may need to be made, creating enormous stress for families.

Which LPA covers care home decisions?

Both types of LPA play a role:

Health and Welfare LPA

This LPA covers decisions about:

Whether the donor moves into a care home
Which care home is chosen
The type and standard of care provided
Day-to-day care decisions — diet, activities, routine
Medical treatment received at the care home
Whether to move the donor to a different care home

A Health and Welfare LPA can only be used when the donor lacks the mental capacity to make the specific decision in question.

Property and Financial Affairs LPA

This LPA covers the financial side:

Paying care home fees from the donor's funds
Selling the donor's property to fund care
Managing the donor's savings, pension, and benefits
Dealing with the local authority about funding
Managing insurance, utilities, and other costs on the donor's property

How does care home funding work?

In England, if the donor has assets (including property) worth more than £23,250, they must self-fund their care. This is known as being a "self-funder." If their assets fall between £14,250 and £23,250, the local authority may contribute but the donor will also pay. Below £14,250, the local authority typically covers care costs.

Attorneys acting under a Property and Financial Affairs LPA may need to:

Sell or rent out the donor's home to raise funds for care
Draw down savings and investments
Claim attendance allowance and other benefits
Negotiate care fees with the care home
Apply for local authority funding when assets fall below the threshold

Can an attorney sell the donor's home to pay for care?

Yes, if it is in the donor's best interests. Selling a home to fund necessary care is one of the most common reasons an LPA is used. The attorney must ensure they get a fair market price and that the proceeds are used for the donor's benefit.

If you want to add conditions about selling your home, you can include preferences and instructions in your LPA — for example, that the home should only be sold as a last resort after other assets have been used.

What about the 12-week property disregard?

When someone first moves into permanent residential care, there is a 12-week property disregard. During this period, the value of the person's home is not counted in the financial assessment. This gives the family time to arrange finances — and the attorney time to explore options — without the immediate pressure of selling the home.

How much does an LPA cost?

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.

Both LPA types cost £69 with myLPA Guide, plus the OPG registration fee of £92 per document. Having both types is essential for care home planning — the Health and Welfare LPA for care decisions and the Property and Financial Affairs LPA for funding. Start your free LPA questionnaire today.

Tips for attorneys dealing with care homes

Visit several care homes before making a decision — consider location, quality of care, CQC rating, and cost
Keep detailed records of all care home fees and payments
Review the care plan regularly and advocate for the donor
Check whether the local authority should be contributing to fees
Keep the donor involved in decisions as much as possible — even if they lack capacity for the final decision, their views should be considered
Seek financial advice about the most tax-efficient way to fund care

Frequently Asked Questions

Which LPA do I need for care home decisions?

You need both types. A Health and Welfare LPA covers the choice of care home and care decisions. A Property and Financial Affairs LPA covers paying fees, selling property, and managing finances. Together they provide complete protection.

Can an attorney choose which care home someone goes to?

Yes, if they hold a Health and Welfare LPA and the donor lacks capacity to make this decision themselves. The attorney must act in the donor's best interests, considering the donor's wishes, the quality of care, and affordability.

Can an attorney sell the house to pay for care?

Yes. An attorney with a Property and Financial Affairs LPA can sell the donor's property if it is in their best interests — for example, to fund care home fees. They should get a fair market price and can add instructions to the LPA about property sales.

What is the capital threshold for care home funding?

In England, the upper capital limit is £23,250. If the donor's assets exceed this, they must self-fund. Between £14,250 and £23,250, the local authority may contribute partially. Below £14,250, the local authority typically covers costs.

What if we have not set up an LPA and someone needs care now?

If the person still has mental capacity, they can make an LPA now — but registration takes approximately 20 weeks. If they have already lost capacity, the family must apply for a deputyship order from the Court of Protection, which is more expensive and time-consuming.

Can the care home demand to see the LPA?

The care home can reasonably ask to see evidence of the attorney's authority. You should provide a certified copy of the registered LPA or use the OPG's online verification service to provide an access code.