Power of attorney and care decisions

Why a lasting power of attorney matters when arranging care, the two types, how to set one up, and what happens if there is no LPA. General information, not legal advice.

Published 2026-07-29 · A general guide, not legal, medical or financial advice.

A lasting power of attorney (LPA) lets someone you trust make decisions for you if you later become unable to make them yourself. Putting one in place before it is needed is one of the most useful things a family can do, and it is far simpler and cheaper than the alternative. This is general information, not legal advice, and a solicitor can help with anything complicated.

The two types

• Health and welfare: covers decisions about care, medical treatment, and where someone lives. It can only be used once the person no longer has the mental capacity to make a particular decision for themselves.
• Property and financial affairs: covers money, bills, pensions, benefits and property. It can be used earlier, with the person's permission, which is helpful if they want practical help while still able to make their own decisions.

Many people set up both. Whoever you appoint as attorney must always act in your best interests and follow the principles of the Mental Capacity Act, including helping you make your own decisions wherever possible rather than taking over.

How to set one up

You complete the forms and register the LPA with the Office of the Public Guardian, which has an online service through GOV.UK. There is a fee per LPA, with reductions or exemptions for people on low incomes. You choose your attorneys, and you can name replacements and add instructions or preferences. It must be registered before it can be used, and registration takes some weeks, which is another reason not to leave it until a crisis.

If there is no LPA

If someone loses capacity without an LPA in place, family members cannot automatically make decisions for them, even a spouse. Someone must apply to the Court of Protection to be appointed as a "deputy", which is slower, more expensive, and more onerous, with ongoing supervision and fees. Avoiding that is the single biggest reason to set up an LPA while a person still has capacity to choose who they trust.

Where to get help

Age UK, Citizens Advice and the Office of the Public Guardian publish free, clear guidance, and many people complete an LPA themselves. Having one in place makes arranging and changing care, including using services you find on CareRadar, far smoother if the person can no longer decide for themselves.