Lasting Powers of Attorney – when do they take effect?
What is a Lasting Power of Attorney (LPA)?
You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney (LPA). The person giving control is called the ‘donor’. The person who is given control is called their ‘attorney’. If you are appointed as attorney, you should always support the donor to make their own decisions wherever possible.
There are two types of LPA:
- Property and financial affairs
- Health and welfare.
The property and financial affairs LPA covers:
- money, tax and bills
- bank and building society accounts
- property and investments
- pensions and benefits.
The health and welfare affairs LPA covers:
- daily routine, for example washing, dressing and eating
- medical care
- where the donor lives.
What must happen before a LPA can be used?
A lasting power of attorney must be registered, with the Office of the Public Guardian. They currently charge £92 per LPA, therefore if you are registering both LPAs – property and financial affairs AND health and welfare, the total cost will be £184.
It takes 8-10 weeks to register your LPA so you need to apply in good time. The Office of the Public Guardian is scrupulous in assessing the documents (as it should be as you are handing over control of many aspects of your life). Mistakes and discrepancies are frequently found and the Office of the Public Guardian may return your documents, and it may take a further few weeks to make the changes and finalise the LPA.
When can an attorney use a health and welfare LPA?
An attorney can only make decisions when the donor does not have mental capacity to make them. You can ask the donor’s doctor or another medical professional to assess their mental capacity.
An attorney must tell people involved in the donor’s care when the attorney starts to make decisions. And an attorney may need the LPA to prove to medical staff that they can act for the donor.
When can an attorney use a property and financial affairs LPA?
An attorney can start making decisions when the donor still has mental capacity to make them, as long as:
- the LPA stipulates this, and
- if the donor has given permission to do so.
If these criteria are not in place, an attorney can only start making decisions when the donor does not have mental capacity.
It’s always difficult to know when to start to use an LPA if you are an attorney, particularly if you see the donor – in most cases a close family member – decline in health. LPAs are governed by the Mental Capacity Act 2005 and there are strict rules as to when you can start to use an LPA.
If you need further information about when to use an LPA or how to put one together, please contact Jenny Barron on 01756 692866 or email jenny.barron@awbclaw.co.uk.
Solicitor and Director, Society of Trust and Estate Practitioners qualified.
23 January 2026
Read more…
Helpful tools for managing your loved one’s Power of Attorney