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Elderly rights in England > What rights do old people have in the UK?
Setting up a Lasting Power of Attorney (LPA) for an elderly parent is one of the most important legal steps a family can take. Without it, if your parent loses mental capacity through dementia, a stroke, or any other condition, you have no legal authority to manage their finances, make medical decisions, or arrange care on their behalf. Not even as their spouse or adult child. The only alternative is applying to the Court of Protection for a deputyship order, which takes 4 to 6 months, costs over £1,200 in the first year, and gives you less flexibility than an LPA. The time to act is before a crisis, not after. This guide explains the two types of LPA, how much they cost in 2026, how long registration takes, and exactly what to do if your parent is reluctant, or has already lost the capacity to sign.
There are two distinct LPAs in England and Wales, and they cover completely different areas. Many families mistakenly assume that one covers everything. It does not. You need both to be fully protected.
| LPA type | What it covers | When it can be used | Most important for |
|---|---|---|---|
| Property and Financial Affairs LPA | Bank accounts, bills, investments, pensions, property, selling the family home | Can be used immediately after registration if the donor consents, or only when capacity is lost (donor's choice) | Managing care home fees, paying bills, accessing savings to fund care |
| Health and Welfare LPA | Medical treatment decisions, where the person lives, day-to-day care arrangements, refusing or consenting to treatment | Can only be used once the donor has lost mental capacity | Choosing a care home, making treatment decisions, instructing doctors and care providers |
Important: a Health and Welfare LPA does not give attorneys the right to override a decision the parent can still make for themselves. Mental capacity is assessed decision by decision, not globally. A person may lack capacity to manage complex finances but still have capacity to decide where they want to live.
| Cost item | Amount | Notes |
|---|---|---|
| OPG registration fee per LPA | £92 | Updated November 2025, up from £82. Always verify current fee at gov.uk/power-of-attorney |
| Both LPAs (one person) | £184 | Most families set up both types simultaneously |
| Both LPAs (couple) | £368 | Each person must register separately |
| 50% fee reduction | £46 per LPA | If the donor's gross annual income is below £12,000 |
| Full fee exemption | £0 | If the donor receives Pension Credit (Guarantee), Income Support, or certain other means-tested benefits. Note: from 2 February 2026, Universal Credit no longer automatically qualifies |
| Solicitor drafting fee (optional) | £150 to £600 per LPA | Not required. Most people draft their own on GOV.UK and pay only the OPG fee |
| Court of Protection deputyship (if no LPA) | £1,200 or more in year one | Plus ongoing annual supervision fees. This is the costly alternative when capacity has already been lost |
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This is the question most families underestimate. The full process from completing the forms to receiving a registered LPA takes 16 to 22 weeks in 2026:
The LPA is legally usable only from the date of registration. A signed but unregistered LPA has no legal effect. Banks, hospitals, and care providers will not accept it.
This has a critical practical implication: if your parent is diagnosed with dementia today and has not yet set up an LPA, they may lose the mental capacity to sign one before the 20-week registration window closes. The time to start is now, not when a health event triggers the need.
Common reason for delays: signing the LPA out of order is one of the most frequent causes of rejection by the OPG. The correct order is: donor first, then certificate provider, then attorneys. If this order is not followed, the application is returned and you restart the queue. Always check the signing instructions carefully before any document is signed.
This is one of the most common and difficult situations families face. A parent with mental capacity has the absolute right to refuse to make an LPA. You cannot force them, and attempting to do so could invalidate any LPA subsequently signed.
What you can do:
If your parent genuinely has capacity and refuses, there is no legal remedy. The Court of Protection cannot force someone with capacity to make an LPA.
If a parent can no longer understand what an LPA is or what powers they are granting, it is too late to make one. An LPA cannot be created after capacity has been lost.
The only legal route is an application to the Court of Protection for a Deputy Order.
| Comparison | Lasting Power of Attorney | Court of Protection Deputyship |
|---|---|---|
| When it can be set up | While the donor has mental capacity | Only after capacity has been lost |
| Cost | £92 per LPA (plus optional solicitor fees) | £1,200 or more in year one, plus ongoing annual fees |
| Time to set up | 16 to 22 weeks total | 4 to 6 months minimum |
| Who chooses the decision maker | The donor, while they have capacity | The Court of Protection |
| Ongoing oversight | None required for most decisions | Annual reports to the Office of the Public Guardian required |
| Flexibility | High: attorney can act on most decisions without court involvement | Lower: some decisions require court approval |
| Health and welfare | Covered by separate Health and Welfare LPA | Health and welfare deputyship is very rarely granted by the court |
To apply for deputyship, you will need medical evidence confirming the loss of capacity, completed court application forms, and payment of court fees. The process involves notifying family members and waiting for the court to make its decision. A solicitor specialising in Court of Protection matters can guide you through this process.
Lasting Powers of Attorney apply in England and Wales only. Different arrangements apply in Scotland and Northern Ireland:
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Setting up a Power of Attorney is one of the most important steps before a parent needs residential care. If you are also considering care home options for the future, Senior Home Plus provides free, impartial guidance to help you find the right home at the right time, with no obligation.
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Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney in England and Wales in October 2007. EPAs made before that date are still valid and can still be registered if they have not been already. However, no new EPAs can be created. If your parent made an EPA before 2007 and it has not yet been registered with the OPG, it should be registered now, before it is needed.
Yes. The GOV.UK online LPA tool at gov.uk/power-of-attorney guides you through the full process at no charge beyond the £92 OPG registration fee. A solicitor is not legally required. However, for complex family situations, disputes among potential attorneys, or where there are questions about your parent's capacity, professional advice is worth the additional cost.
No. The certificate provider must be independent of all attorneys. They cannot be a family member of the donor or any of the attorneys, an employee of the donor's care home, or a business partner of anyone named in the LPA. They must have known the donor for at least 2 years, or be a professional such as a GP or solicitor.
The donor can revoke an LPA at any time while they still have mental capacity. If capacity has been lost, the OPG or Court of Protection can investigate concerns about an attorney and remove them if they are found to be acting against the donor's best interests. Anyone can report concerns about an attorney to the OPG at gov.uk/report-concern-about-attorney.
Under a Financial LPA, an attorney cannot make a will on the donor's behalf, make large gifts to themselves or others without court approval, or use the donor's money for their own benefit. Under a Health LPA, an attorney cannot consent to or refuse treatment where the donor still has capacity to make that specific decision. Attorneys must always act in the donor's best interests and keep records of all financial decisions.
Not at all. For the Financial LPA, the donor can specify that it is only to be used if they lose capacity, or they can allow it to be used immediately while they still have capacity (useful if they want help managing day-to-day finances). The Health LPA can only ever be used when the donor lacks capacity to make a specific health decision. The donor retains full control until they lose capacity.
Mental capacity is assessed at the time a specific decision needs to be made, not globally. A person in the early or middle stages of dementia may still have capacity to sign an LPA. The test is whether they understand what the LPA is, what powers they are granting, and who they are appointing. A GP assessment or formal capacity assessment by a specialist can document this at the time of signing, which provides protection against any later challenge to the validity of the LPA.
This depends on how the attorneys were appointed. If they must act jointly on all decisions, a disagreement means no decision can be made until they agree. If they can act jointly and severally, each can act independently. For this reason, naming a single trusted attorney or an odd number with a clear majority rule is often preferable to two joint attorneys who could deadlock on important decisions.
A registered LPA has no expiry date. It remains valid until the donor revokes it, the donor dies, or the attorney is removed. On the donor's death, the LPA ceases to have effect and the executor of the will takes over management of the estate.
A Lasting Power of Attorney gives a trusted person the legal authority to make financial and health decisions on behalf of an elderly parent. There are two types: a Property and Financial Affairs LPA and a Health and Welfare LPA. Each costs £92 to register with the Office of the Public Guardian in 2026 (£184 for both). The full process takes 16 to 22 weeks from start to registered document. The LPA must be made while the parent still has mental capacity. If capacity is already lost, the only alternative is a Court of Protection deputyship, which is significantly more expensive and time-consuming.
| East Midlands | Eastern | Isle of Man |
| London | North East | North West |
| Northern Ireland | Scotland | South East |
| South West | Wales | West Midlands |
| Yorkshire and the Humber |
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