LPA Health and Welfare vs Property and Financial Affairs

A Lasting Power of Attorney lets you choose who makes decisions for you if you cannot make them yourself. In England and Wales there are two separate documents, and having one does not give your attorney any authority under the other. They cover different decisions, they start working at different points, and each has to be registered on its own. Most people who make one should make both. This comparison explains what each covers, when it takes effect and what it costs to put in place.

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Feature	Health and Welfare LPA	Property and Financial Affairs LPA
Covers decisions about	Medical treatment, care arrangements, where you live, day-to-day personal care	Bank accounts, property, investments, paying bills, benefits
When it can be used	Only when you lack mental capacity to decide yourself	Can be used as soon as registered, even if you still have capacity (with your permission)
Registration cost	£82 per LPA (reduced or waived if on low income)	£82 per LPA (reduced or waived if on low income)
Who registers it	The donor or attorney — registered with the Office of the Public Guardian	The donor or attorney — registered with the Office of the Public Guardian
Can include advance decisions	Yes — can record wishes about life-sustaining treatment
Processing time	20 weeks approximately (as of 2024)	20 weeks approximately (as of 2024)
Can be used while donor still has capacity	No — only activates when donor lacks capacity to make the relevant decision	Yes — can be used immediately after registration if donor consents
Registration fee 2025/26	£82 per LPA via OPG (reduced or waived on low income)	£82 per LPA via OPG (reduced or waived on low income)

Both LPAs must be made while the donor has mental capacity. Do not wait until a crisis — once capacity is lost, a Court of Protection application (much more expensive and slower) is required instead.

Do you need one or both?

Most people need both, because the two documents do not overlap at all. A property and financial affairs attorney cannot consent to medical treatment or decide where you live. A health and welfare attorney cannot pay your bills, deal with your bank or sell your house. Families discover this at the worst possible moment, when a hospital asks who can make a care decision and the only document in the drawer covers money.

Own property, hold savings, or run a business? The property and financial affairs LPA is the more urgent of the two, and it can be used with your consent while you still have capacity — useful during illness or time abroad.
Have a progressive condition, or strong views about treatment? The health and welfare LPA lets you record your wishes, including about life-sustaining treatment, and only activates if you lose capacity.
Choosing attorneys? Pick people who will actually act, say whether they must act together or can act separately, and name replacements.

The one mistake that cannot be fixed is leaving it too late. An LPA can only be made while you still have mental capacity to make it. Once capacity has gone, the only route is an application to the Court of Protection for deputyship — slower, considerably more expensive, subject to ongoing supervision, and it does not let you choose who is appointed.

Registration takes months, so make and register both documents well before you expect to need them.

Frequently asked questions

Can I change or cancel an LPA after it is registered?

Yes, for as long as you have mental capacity. You can revoke an LPA at any time by making a deed of revocation and notifying the Office of the Public Guardian and your attorneys. You cannot amend a registered LPA, so changing an attorney means revoking the existing document and making a new one, with a new registration fee and another wait. That is a good reason to think carefully about who you appoint and to name replacement attorneys at the outset.

What if my attorney does not act in my interests?

Report it to the Office of the Public Guardian, which investigates concerns about registered attorneys and can apply to the Court of Protection to remove someone. Attorneys must follow the Mental Capacity Act principles, keep your money separate from their own, and act in your best interests rather than their own convenience. Anyone can raise a concern — a relative, a neighbour, a bank or a care home. If money is being taken, report it to the police as well.

Will banks and hospitals accept the LPA without argument?

Usually, but expect some friction. Financial institutions typically want to see the registered document or a certified copy and will record it against the account, which can take a few weeks — so register with each bank in advance rather than in an emergency. Health and welfare attorneys are sometimes questioned by clinicians unfamiliar with the document. Carry a copy, and be ready to point to the registration stamp and to the section covering life-sustaining treatment if that is relevant.

Does an LPA cover property in Scotland or Northern Ireland?

No. An LPA made in England and Wales is a creature of the Mental Capacity Act 2005 and does not automatically operate elsewhere. Scotland has continuing and welfare powers of attorney registered with the Office of the Public Guardian (Scotland), and Northern Ireland has its own arrangements. If you own property or spend substantial time in another UK nation, take advice on whether a separate document is needed there as well as the one you already hold.

Related guides

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (your 'attorneys') to make decisions on your behalf if you lose mental capacity in future. There are two types: one for property and financial affairs, and one for health and welfare. Making an LPA while you still have capacity is one of the most important planning steps you can take.

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Planning for Later Life

Planning for later life means making decisions and putting documents in place while you are well enough to do so, so that your wishes are known and your family are not left in a difficult position. This guide covers the key areas to consider — from wills and LPAs to care funding and housing choices.

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Home Care vs Care Home: Which is Right for You?

Many people strongly prefer to remain in their own home as they get older or as their needs increase. Whether this is possible depends on the level and nature of your care needs, the safety of your home environment, and the support available to you. This guide helps you compare home care and residential care to make an informed decision.

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Paying for Social Care

Unlike the NHS, most social care in England is not free. Whether you receive care at home or in a care home, your local council will carry out a financial assessment to decide how much — if anything — you must pay towards the cost. Understanding the rules can help you plan and avoid unexpected charges.

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Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.