Which type of LPA do I need?

Has someone you trust recently recommended that you should create a Lasting Power of Attorney (LPA)?

Or maybe the increasing life expectancy of UK individuals has prompted you to think carefully about your future and what will happen if you lose mental capacity to make crucial decisions about your health and finances.

Whatever has prompted you to look into LPAs, choosing the right type of LPA is essential to ensuring your affairs are managed respectfully and in line with your wishes.

A Lasting Power of Attorney is a legally-binding document in England and Wales that allows you (the ‘donor’) to appoint a trusted person or people (‘attorneys’) to make decisions on your behalf if you lose the ability to do so yourself.

You can appoint one attorney, or more than one if you choose to do so. If you do choose more than one, you can decide whether they must make decisions together or if they can act individually.

It’s also strongly recommended that you appoint a backup attorney for your chosen LPA arrangement if your original attorney dies, loses mental capacity, or no longer wishes to act.

In England and Wales, there are two types of LPA:

• Health and Welfare LPA
• Property and Financial Affairs LPA

Health and Welfare Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney allows you to appoint a trusted person to make decisions about your:

• Daily routine and personal care
• Medical treatment, including life‑sustaining treatment (if you choose to give this authority)
• Care arrangements and where you live

These decisions can usually only be made by your attorney if you no longer have the mental capacity to make them yourself.

Who can be a Health and Welfare attorney?

This trusted person is often a spouse, partner, family member or close friend. They must:

• Be at least 18 years old
• Have mental capacity
• Be someone you trust to make significant health and welfare decisions on your behalf

You should choose someone who understands your values and will act in your best interests

A Property and Financial Affairs Lasting Power of Attorney allows you to appoint a trusted person to make decisions about your:

• Money and bank accounts
• Bills and everyday financial commitments
• Savings, investments and pensions
• Property, including buying or selling your home

Depending on how you set it up, this type of LPA can sometimes be used while you still have mental capacity (with your permission), as well as if you lose capacity in the future.

Who can be a Property and Financial Affairs attorney?

This attorney is also often a spouse, partner, family member or friend. They must:

• Be at least 18 years old
• Have mental capacity
• Not be bankrupt or subject to a debt relief order

As of 2024, the average life expectancy in the UK was reported by the Office of National Statistics as being around 83 years for females and nearly 80 years for males.

With a rising ageing population, more individuals are experiencing cognitive impairment from serious (often age-related conditions) such as dementia, Alzheimer’s, as well as other forms of cognitive decline linked to strokes and cardiovascular issues.

With these diseases impacting more people across the UK, it makes sense to protect yourself if you can no longer make decisions about your health and welfare, and property and finances.

It’s also important to remember that LPAs are not just for older people. Unexpected situations can happen at any age, so having plans in place can give you peace of mind.

Having both a Health and Welfare LPA and a Property and Financial Affairs LPA means you can:

• Give a trusted person (or people) a clear, legally binding document outlining your personal preferences, values, and wishes.
• Determine exactly who – providing they meet the relevant criteria – makes decisions about your health, care, property, and finances when you can’t.
• Avoid time-consuming and costly court intervention which may be required in the absence of an LPA.
• Limit conflict between your family and friends when making decisions about your health, care, property, and finances.
• Prevent strangers (such as doctors, social workers, care home staff, solicitors, accountants, and even local authorities) from making decisions about your health, welfare, property, and finances that go against your personal wishes.

No, it’s not mandatory by law in England and Wales to have an LPA. Instead, you can choose to have one type, both, or neither.

However, it’s strongly recommended that both are set up to ensure that you have comprehensive protection, and there will always be a trusted person to make these potentially life-changing decisions on your behalf.

Having both types of LPA in place can give you greater peace of mind, knowing that important decisions around your health, care, money, property and financial affairs will be handled by the right

When choosing the right type of LPA for your situation, it’s important to look at your personal circumstances, your assets and your priorities. For example, you might:

• Own a property or have significant savings and investments
• Have specific wishes about medical treatment or care homes
• Want to avoid placing extra stress on family members if something unexpected happens

Because LPAs are not “one‑size‑fits‑all” documents, we always recommend discussing your needs with an estate planning expert, such as Honey Legal. We will:

• Help you understand both types of LPA and how they work together
• Dispel common myths, including the assumption that “next of kin” can automatically make decisions for you (which is often not the case)
• Design LPAs that reflect your wishes and provide the most comprehensive protection for you and your loved ones

At Honey Legal, we know just how powerful comprehensive LPAs can be for protecting your future and providing you with peace of mind.

Our expert legal team specialises in the creation of tailored, legally binding LPA documents that make clear your wishes should you ever lose the mental capacity to make these crucial decisions yourself.

Unlike general high street solicitors who offer support with a wide range of legal matters, we focus exclusively on estate planning, including wills, LPAs, trusts, and probate.

Informed by more than 14 years of experience, our professional and compassionate advisors take the time to understand your personal circumstances, explain potential scenarios, and guide you through the available options.

We’re proud to have earned over 16,500 5-star Trustpilot reviews from clients who value our professional yet friendly service.

Your free initial consultation with Honey Legal can take place over the telephone or in person in the comfort of your own home. However, we believe that making an LPA is a significant and personal decision, and that a face‑to‑face meeting gives you the most comprehensive service.

Meeting you in person allows us to fully understand your wishes, carefully assess your capacity and build the level of trust that this important document requires.

If you choose a face-to-face meeting, you’re also welcome to include family members in the discussion, so everyone can ask questions and feel confident in the process ahead.

Do I need both types of LPA?

You are not legally required to have an LPA, but it is strongly recommended to set up both a Health and Welfare LPA and a Property and Financial Affairs LPA so that your health/care decisions and your finances/property are both protected.

When should I choose a Health and Welfare LPA?

Choose a Health and Welfare Lasting Power of Attorney if you want someone you trust to make decisions about your care, medical treatment and daily routine if you lose mental capacity. This type of LPA is especially useful if you have strong views about treatments such as life‑sustaining care or where you would like to live.

When should I choose a Property and Financial Affairs LPA?

Choose a Property and Financial Affairs Lasting Power of Attorney if you want someone to manage your bank accounts, bills, investments, property and other finances, either while you still have capacity (with your permission) or if you lose capacity in the future.