Lasting power of attorney for a parent: the two types, the steps, and what if it is too late
A lasting power of attorney (LPA) lets someone you choose make decisions for you if you cannot. In England and Wales there are two types, one for health and welfare and one for property and financial affairs. Your parent must have mental capacity to make one, and it must be registered with the Office of the Public Guardian before it can be used.
For England. Last checked 13 November 2026. Next check by 13 February 2027. General information, not financial, legal or medical advice.
In short
- There are two types: health and welfare, and property and financial affairs. You can make one or both (GOV.UK).
- The person making it, the donor, must be 18 or over and have mental capacity at the time (GOV.UK).
- A health and welfare LPA can only be used once the donor cannot make their own decisions. A property and financial LPA can be used as soon as it is registered, with the donor’s permission (GOV.UK).
- It must be registered with the Office of the Public Guardian. GOV.UK says registration takes 8 to 10 weeks if there are no mistakes.
- If your parent has already lost capacity, an LPA cannot be made. Someone may have to apply to the Court of Protection to become a deputy (Alzheimer’s Society).
- Alzheimer’s Society suggests starting to think about an LPA as soon as you can if dementia is a concern.
The two types of lasting power of attorney
GOV.UK describes two types, and the donor can make one or both.
- Health and welfare: decisions about daily routine such as washing, dressing and eating, medical care, moving into a care home, and life-sustaining treatment. It can only be used when the donor cannot make their own decisions.
- Property and financial affairs: decisions about bank accounts, bills, benefits or pensions, and selling the home. GOV.UK says it can be used as soon as it is registered, with the donor’s permission. The NHS says it can be used immediately or held until needed.
Alzheimer’s Society notes that the donor can limit what the attorney decides, or when they can decide.
Who can be an attorney, and how they act
An attorney must be 18 or over. They can be a relative, a friend, a professional, or a spouse or partner. Someone who is bankrupt or under a Debt Relief Order cannot be chosen for property and financial affairs. The donor can also name replacement attorneys.
With more than one attorney, they can act jointly (all must agree on every decision), or jointly and severally (each can act alone, or with others), or a mix, depending on the decision. The donor chooses.
Making one: the steps
In outline, GOV.UK says:
- Choose the attorney or attorneys and decide how they will act.
- Make the LPA, online or on paper. It must be signed by the donor, the attorneys, witnesses and a certificate provider, who confirms that the donor understands what they are doing and is choosing freely.
- Everyone signs the same original. GOV.UK says copies and digital signatures are not accepted.
- Attorneys cannot witness the donor’s signature or act as the certificate provider, and the donor cannot witness their own LPA.
- Tell the “people to notify”, if the donor has named any, before registering.
- Register the LPA with the Office of the Public Guardian.
A fee applies, and the amount is on GOV.UK. We do not quote it because it can change.
Registering, and how long it takes
The NHS says an LPA has to be registered before it comes into force, and GOV.UK says that if you do not register it your attorney will not be able to make decisions for you. GOV.UK says registration takes 8 to 10 weeks if there are no mistakes, and that the people to notify have 3 weeks to raise concerns. The donor can register it, or the attorney can, in which case the donor is told and can object.
GOV.UK warns not to alter the LPA document, because it may become invalid. Attorneys use certified copies to prove their authority, for example to a bank. The same applies when arranging care: ask the provider what proof they need.
Capacity: why to start early
The Mental Capacity Act assumes a person has capacity unless it is shown otherwise, and capacity is specific to each decision and can change over time (NHS). Our guide to what to do when Mum or Dad says no to help explains more.
Dementia is progressive, and Alzheimer’s Society says it is a good idea to start thinking about an LPA as soon as you can. If a donor loses capacity before the LPA is made, it cannot be made at all.
If your parent has already lost capacity
Alzheimer’s Society explains that if there is no LPA, there may be nobody with legal power to make decisions for the person. Someone may need to apply to the Court of Protection to become a deputy. The court chooses the deputy, who normally deals with money and property only.
Health and care decisions are normally made by professionals in the person’s best interests, unless there is a health and welfare LPA or a valid advance decision. The NHS says an LPA already in place usually means a deputy is not needed. Speak to a solicitor or the Office of the Public Guardian about your own situation.
Changing or ending an LPA
A donor who still has capacity can cancel an LPA by sending the original and a “deed of revocation” to the Office of the Public Guardian. To remove one attorney, a partial deed of revocation is sent, and to add a new attorney the LPA has to be ended and a new one made. Name or address changes must be reported to the Office of the Public Guardian.
An LPA ends automatically when the donor dies. The NHS says the Court of Protection can cancel one where an attorney is not acting in the donor’s best interests.
Taking on the role
The NHS says attorneys must keep the donor’s money separate, keep accurate accounts and avoid conflicts of interest. A health and welfare attorney must check whether the donor can make a particular decision, and check for an advance decision before deciding about life-sustaining treatment.
If you are arranging care for a parent and hold an LPA, tell us at the first conversation which type you hold. Call 01242 371048, day or night. A free assessment is usually within 48 hours, with no obligation.
Scotland and Northern Ireland
GOV.UK says an LPA is legally binding only in England and Wales, and points to separate arrangements in Scotland and Northern Ireland.
What this guide does not cover
It is not legal advice, and it does not quote fees. It does not describe the Court of Protection process in detail, or the arrangements in Scotland and Northern Ireland. GOV.UK says the people to notify have 3 weeks to raise concerns, while an NHS page still refers to a 4-week notice period. We follow GOV.UK, and the Office of the Public Guardian can confirm.
Sources we used
- GOV.UK: Make, register or end a lasting power of attorney (read 13 November 2026)
- GOV.UK: Make a lasting power of attorney (read 13 November 2026)
- GOV.UK: Register a lasting power of attorney (read 13 November 2026)
- GOV.UK: End a lasting power of attorney (read 13 November 2026)
- NHS: Giving someone power of attorney (read 13 November 2026)
- NHS: Mental Capacity Act (read 13 November 2026)
- Alzheimer’s Society: Lasting power of attorney (read 13 November 2026)
How we wrote this guide
This guide is general information for England, written by the Cott’s Care team. Cott’s Care Limited (registered with the CQC as Cott’s Care Solutions) is a family-run home care provider in Cheltenham with over 20 years of experience.
Every public fact comes from the official pages listed above, which we read on 13 November 2026. We do not quote benefit amounts, fees or thresholds, because they change: the sources give the current figures. We will check this guide again by 13 February 2027, and sooner if the rules change.
It is not financial, legal or medical advice, and we cannot say whether any person will qualify for a benefit or service. If you spot something that looks out of date, please tell us on 01242 371048.
Cite this guide: Cott’s Care Limited (13 November 2026). Lasting power of attorney for a parent: the two types, the steps, and what if it is too late. https://cottscareltd.co.uk/guides/lasting-power-of-attorney-for-a-parent/
