Property and Financial Affairs LPA vs Health and Welfare LPA

England and Wales has two distinct Lasting Powers of Attorney, and holding one gives your attorney no authority whatever under the other. They cover entirely different decisions, they come into effect under different conditions, and each has to be registered separately with its own fee and its own wait. Families regularly discover the gap at the worst moment, when a hospital asks who can decide about care and the only document available covers money. This comparison sets out what each one does.

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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.

Why making both together is the sensible default

The two documents divide life neatly and do not overlap at all. Property and financial affairs covers banks, bills, benefits, investments and the sale of a home. Health and welfare covers medical treatment, care arrangements and where you live. An attorney under one has no authority under the other, which is why a family holding only the financial document can find that nobody can lawfully agree to a care plan.

  • Financial document can be used as soon as it is registered, with the donor's consent, which is useful during illness, hospital stays or time abroad.
  • Health and welfare document only activates once the donor cannot make the particular decision themselves, and it is where wishes about life-sustaining treatment are recorded.
  • Both should name the same trusted people where possible, with replacement attorneys in case someone dies or is unwilling to act.

The one mistake that cannot be undone is leaving it too late. Both must be made while the donor has mental capacity to make them. Once capacity has gone, the only route is a Court of Protection deputyship, which takes months, costs considerably more, brings annual supervision, and does not let the person choose who is appointed.

Registration takes months in itself, so make and register both well before you expect to need them, and give copies to the bank and the GP surgery in advance.

Frequently asked questions

Can I appoint different attorneys for each document?
Yes, and sometimes it makes sense — one relative may be better with money while another is closer to your medical care. If you do, say so clearly and consider whether they will need to cooperate, since decisions about a care home involve both paying for it and agreeing to it. Whoever you choose, decide whether attorneys must act jointly on everything, jointly on some decisions and independently on others, or entirely independently. That choice has real practical consequences.
What if a bank will not accept the document?
Register the LPA with each bank in advance rather than waiting until you need to use it. Most want to see the registered original or a certified copy and will record it against the account, which can take several weeks. If a branch refuses or does not understand the document, ask for the bank's power of attorney team, who deal with these routinely. Persistent refusal is a complaint matter, and ultimately one for the Financial Ombudsman Service.
Can I limit what my attorneys are allowed to do?
Yes. You can include instructions your attorneys must follow and preferences you would like them to consider — for example, restricting investment decisions, requiring consultation with a named person, or setting out views about treatment and where you would like to live. Keep instructions workable, because overly rigid wording can leave attorneys unable to act when circumstances change. Take advice on drafting if you want anything beyond the standard form, as poorly worded instructions can invalidate parts of the document.
What happens if an attorney dies or wants to stop acting?
An attorney can resign by giving formal notice to the donor and the Office of the Public Guardian. If no replacement was named and the attorneys were appointed jointly, the whole power can fail, leaving nothing in place — which is exactly why naming replacement attorneys at the outset matters so much. If the donor still has capacity, a new LPA can be made. If not, the fallback is a Court of Protection application, with all the delay and cost that involves.

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.

7 min

Lasting Power of Attorney: Property and Financial Affairs

A Lasting Power of Attorney (LPA) for property and financial affairs lets you appoint trusted people to manage your money, property, and other financial matters if you lose mental capacity — or earlier, if you choose. It is one of the most important legal documents you can make during your lifetime.

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Making a Will

A will is the only way to ensure your assets go to the people you choose after your death. Without a valid will, the intestacy rules determine who inherits — and these may produce very different results from your wishes, particularly if you are unmarried, have stepchildren, or have a complex family situation. Making a will is one of the most important legal steps you can take.

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Grant of Probate: The Probate Process Explained

A Grant of Probate is the legal document issued by the Probate Registry that confirms the executor's authority to deal with the deceased person's estate. Most financial institutions and land registries require a Grant of Probate before releasing assets. This guide explains when you need probate, how to apply, what it costs, and what happens during estate administration.

10 min

Court of Protection Basics

The Court of Protection is a specialist court in England and Wales that deals with matters affecting adults who lack or may lack mental capacity. It can make declarations about capacity, authorise decisions about property, finances, health, and welfare, and appoint deputies to make ongoing decisions on someone's behalf.

6 min

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.