Power of Attorney for Care: What You Need to Know
A lasting power of attorney (LPA) lets someone you trust make decisions for you if you can no longer make them yourself. When a parent or partner needs care, it is one of the most useful documents a family can have, and one of the hardest to arrange once it is too late.
What is a lasting power of attorney?
An LPA is a legal document in which one person (the donor) appoints one or more people (attorneys) to make decisions on their behalf. It has to be made while the donor still has mental capacity, and it must be registered with the Office of the Public Guardian before anyone can use it.
The donor stays in charge for as long as they are able. An LPA is a safety net, not a handover of control.
What are the two types of LPA?
Health and welfare
This covers decisions about daily routine such as washing, dressing and eating, medical care, moving into a care home, and life-sustaining treatment. It can only be used when the donor is unable to make their own decisions.
Property and financial affairs
This covers money and property: managing bank accounts, paying bills, collecting benefits or a pension, and selling a home. Unlike the health and welfare type, it can be used as soon as it is registered, with the donor's permission.
You can make one type or both. Most families who are planning for care choose both.
Which type do you need when someone moves into a care home?
Usually both. The health and welfare LPA covers the decision to move into a care home and the everyday choices about how someone is looked after. The property and financial affairs LPA lets the attorney manage the money side, including paying fees and, where necessary, selling a property to fund care.
The financial LPA matters more than many families expect. Whoever manages the money is usually the person who sets up and pays the weekly fee. At Provence House, we keep this simple: there is one standard weekly fee of around £2,000 that covers care and accommodation, with no tiers and no hidden extras. You can see exactly what it includes on our pricing and what's included page.
Can someone living with dementia still make a lasting power of attorney?
Often, yes, particularly in the early stages. The law starts from the assumption that a person has capacity, and capacity is judged for each decision at the time it is made. A diagnosis alone does not mean someone can no longer make an LPA.
What matters is whether they can understand what the document is, who they are choosing and why. If your relative is living with dementia, do not wait for a perfect moment. Capacity can change, and once it has gone, an LPA can no longer be made. Our page on dementia care explains how support changes as dementia progresses, which can help you decide how urgent the conversation is.
What happens if there is no lasting power of attorney?
Being next of kin does not give you the legal right to manage someone's bank account or make decisions about their care. If your relative has lost capacity and there is no LPA, the usual route is to apply to the Court of Protection for a deputyship order. This takes longer, costs more, and comes with ongoing reporting to the Office of the Public Guardian.
In the meantime, bills, care fees and important decisions can stall. For health and welfare decisions, professionals will decide in the person's best interests and should consult the family, but the family has no legal authority to decide. This is often at its most stressful after a sudden hospital stay, which is why our guide on what to do when a loved one needs care after hospital discharge is worth reading alongside this one.
How do you make a lasting power of attorney?
The GOV.UK process has three steps:
Choose your attorney. You can appoint more than one.
Fill in the forms. You can do this online through GOV.UK. An independent certificate provider confirms that the donor understands the document and is not being pressured.
Register with the Office of the Public Guardian. This takes 8 to 10 weeks if there are no mistakes in the application.
Registering costs £92 per LPA unless you qualify for a reduction or exemption. That is £184 for both types. You do not have to use a solicitor, but it is worth taking advice if family circumstances or finances are complicated.
Because registration takes weeks, start before the need is urgent.
How do you choose the right attorney?
Choose someone you trust completely, who is over 18, and who is willing and able to take the responsibility on. Think about:
Reliability. Will they cope with paperwork, phone calls and difficult decisions?
Location. Living nearby makes practical tasks much easier.
Backup. You can name replacement attorneys in case your first choice is unable to act.
Working together. If you appoint more than one attorney, you decide whether they act jointly or independently.
Openness. Talk to the wider family first, so nobody is surprised later.
Attorneys must act in the donor's best interests and follow the Mental Capacity Act. If you are ever concerned about how an attorney is acting, you can report a concern to the Office of the Public Guardian.
How can an LPA help when a loved one moves to Provence House?
It means the right person can take part in every conversation from the start: the care plan, the daily routine, the fees and any decisions that come later. It helps to know who holds the LPA before you visit, so the right people are in the room.
Choosing a care home is a big decision, and we would never expect you to make it quickly. You can read more about how support adapts over time on our care journey page, or ask us anything when you visit.
Nobody plans to need a power of attorney. The families who cope best are the ones who had the conversation while their relative could still be part of it.
Frequently asked questions
Is a power of attorney the same as a lasting power of attorney?
No. An ordinary power of attorney stops working if the person loses capacity, which is exactly when families need it most. An LPA is designed to continue. Enduring powers of attorney, the older version, were replaced in 2007, but any that were made and signed before then can still be used.
Can I make an LPA on behalf of my parent?
No. Only the donor can make their own LPA, and they must have mental capacity when they do. If capacity has already been lost, a deputyship through the Court of Protection is usually the alternative.
Does an LPA give me control over my relative?
No. Your relative keeps the right to make their own decisions for as long as they are able. A health and welfare attorney can only act when the donor cannot decide for themselves, and must always act in their best interests.
Can an LPA be cancelled?
Yes, as long as the donor still has capacity. You can find out how on the GOV.UK page on ending an LPA.
Do I need a solicitor to make an LPA?
Not legally. The GOV.UK online service is designed to be completed without one. A solicitor can help if your situation is complicated, but the only compulsory cost is the registration fee.
Will a Scottish or Northern Irish LPA work in England?
Not automatically. An LPA made through GOV.UK is legally binding only in England and Wales. Scotland and Northern Ireland have their own ways of making a power of attorney.
This guide is general information, not legal advice. For decisions about your own situation, speak to a solicitor or the Office of the Public Guardian.
Thinking about care for someone you love?
You do not need to have every answer before you get in touch. Book a visit to see Provence House and talk things through with our team, or contact us with your questions.