Governed by the Mental Capacity Act 2005
A lasting power of attorney template for property and financial affairs or health and welfare decisions, for use in England and Wales under the Mental Capacity Act 2005.
Lasting powers of attorney are created under the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian before they can be used. The Mental Capacity Act 2005 (as amended by the Mental Capacity (Amendment) Act 2019) sets out the principles that attorneys must follow, including acting in the donor's best interests and having regard to the donor's past and present wishes. An LPA cannot be made after the donor has lost mental capacity — making early planning essential.
A lasting power of attorney (LPA) for property and financial affairs is a legal document made under the Mental Capacity Act 2005 that authorises a trusted person (your attorney) to manage your finances, property, and assets — either while you still have capacity or only if you lose it.
You should make an LPA while you have mental capacity — the Act requires this. It is particularly important if you own property, have significant savings, run a business, or simply want to ensure someone you trust can manage your affairs if you are ever unable to do so yourself.
Last updated: March 2026
LPAs are created under the Mental Capacity Act 2005. The Act sets out the five statutory principles that all attorneys must follow, including the presumption of capacity and the obligation to act in the donor’s best interests.
Yes. An LPA must be registered with the Office of the Public Guardian before it can be used. Registration currently takes several weeks and costs £82 per LPA (reduced or waived for those on low incomes).
Enduring powers of attorney (EPAs) were replaced by LPAs under the Mental Capacity Act 2005. EPAs made before October 2007 remain valid but can no longer be created. LPAs offer greater safeguards and must be registered before use.
No. The Mental Capacity Act 2005 requires the donor to have mental capacity at the time the LPA is made. If capacity has already been lost, it may be necessary to apply to the Court of Protection for a deputyship order instead.
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LASTING POWER OF ATTORNEY
I, [Donor Name], of [Address], appoint [Attorney Name] of [Attorney Address] to be my Attorney for the purposes of the Mental Capacity Act 2005.
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