Property and Financial Affairs LPA vs Health and Welfare LPA

England and Wales has two distinct Lasting Powers of Attorney. They cover entirely different decisions, come into effect under different conditions, and must be registered separately. Most people benefit from making both at the same time.

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FeatureProperty & Financial Affairs LPAHealth & Welfare LPA
When it can be usedImmediately after registration, even if the donor still has full mental capacity — unless the donor restricts use to incapacity onlyOnly when the donor lacks mental capacity to make the specific decision at that time
Scope of decisionsBank and savings accounts, property (buying, selling, mortgaging), investments, pensions, paying bills, claiming benefits on behalf of the donorMedical treatment and procedures, care arrangements, where the donor lives, day-to-day routine including diet and dress
Who can be appointedAny adult over 18 who is not bankrupt or subject to a Debt Relief Order at the time of signing; a trust corporation may also actAny adult over 18; a professional such as a solicitor or care manager may act; professional standards of conduct apply
Registration fee (2026)£82 per LPA paid to the Office of the Public Guardian (OPG); reduced to £41 or waived if the donor is on qualifying means-tested benefits£82 per LPA paid to the OPG; same reduction and exemption rules apply
Donor capacity required for useNot required for use after registration (unless the donor has restricted use to incapacity only in the LPA form)Required to be absent — attorney may only act when the donor cannot make the specific decision themselves
Restrictions and conditionsDonor can add specific restrictions in Part B of the form — e.g. cannot sell the donor's main home without court approvalAttorney must follow any recorded advance decisions about life-sustaining treatment (ADRTs) made before the LPA; cannot act if a valid ADRT conflicts
Life-sustaining treatment decisionsNot applicable — this LPA does not cover health decisionsAttorney can consent to or refuse life-sustaining treatment only if the LPA explicitly grants this authority in Part A of the form
Conflicts of interestAttorney cannot benefit personally from transactions unless the LPA specifically permits it; must keep records and accountsAttorney must act in the donor's best interests under the Mental Capacity Act 2005, not their own preferences
OPG supervisionOPG can investigate complaints; attorneys may be required to provide accounts on request; court can remove an attorneyOPG can investigate complaints; court can remove an attorney; no routine annual reporting unless ordered
RevocationDonor can revoke while they have capacity; attorney must return the original LPA to the OPG; revocation registered and LPA cancelledSame revocation process; attorney must immediately stop acting on revocation
Replacement attorneysUp to four replacement attorneys can be named to step in if an original attorney dies, disclaims, or loses capacitySame mechanism; replacement attorneys only take over on a triggering event, not on a rota basis

Both LPAs must be made while the donor has mental capacity. Once capacity is lost, the only alternative is a Court of Protection deputyship, which typically costs over £1,000 in fees and takes four to nine months to obtain. Making both LPAs together costs £164 in OPG fees.

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Lasting Power of Attorney: Property and Financial Affairs

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Court of Protection Basics

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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.