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Guides Lasting Power of Attorney

LASTING POWER OF ATTORNEY · GUIDE

Do I need both types of LPA in the UK?

Most people in the UK do need both. A Property and Financial Affairs LPA covers money decisions (bank accounts, bills, property, investments, tax). A Health and Welfare LPA covers care decisions (medical treatment, where you live, end-of-life choices). They are two completely separate legal authorities, and one does not cover the other. If you only have one and you lose capacity, your family is locked out of the other half of your life. Buying both together with Legacy Creators is £150 — that works out at £75 per LPA.

By Sean F Godson, Co-Founder of Legacy Creators · 27 May 2026 · 5 minute read · Last reviewed for accuracy 27 May 2026

THE TWO LPAS, SIDE BY SIDE
PROPERTY & FINANCIAL AFFAIRS Money decisions £ Bank accounts & bills £ Property & mortgage £ Pensions & investments £ Tax & HMRC matters £ Selling or renting your home WITHOUT IT Accounts freeze. Bills can't be paid. Family applies to Court of Protection. HEALTH & WELFARE Care decisions Medical treatment consent Where you live Day-to-day care Life-sustaining treatment End-of-life choices WITHOUT IT Doctors & social workers decide. Your family has no formal voice.

One LPA covers one half of your life. Together they cover both.

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Three minutes. Eight questions. We show you what NOT having an LPA could cost you personally, then recommend the right setup for your situation (one LPA or both).

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FREQUENTLY ASKED

Common questions about needing both LPAs

Can my Property and Financial Affairs LPA also make health decisions?

No. The two LPAs are entirely separate legal authorities under UK law. A Property and Financial Affairs LPA only authorises money and property decisions. It gives your attorneys no authority over your medical treatment, your care arrangements, or where you live. If you want anyone to have legal authority over those decisions, you need a Health and Welfare LPA as a separate document.

Do I need both LPAs if I'm married?

Yes, in most cases. Being married does not give your spouse automatic legal authority to make decisions for you if you lose capacity. This is one of the biggest misconceptions about UK law. Without LPAs, your spouse would have to apply to the Court of Protection — a process that takes months and costs £1,500 to £2,500 in court and legal fees. Joint accounts can be frozen as soon as the bank realises one signatory has lost capacity. Two LPAs are the only way to ensure your spouse can keep your financial and care life running smoothly.

Which LPA do most people regret not having?

In our experience, families regret missing the Property and Financial Affairs LPA most often, because the financial freeze hits within days of capacity loss and the Court of Protection process is long and expensive. But families who lose someone after a long medical decline often regret missing the Health and Welfare LPA more deeply — because they could not advocate for the care their loved one would have wanted. Both regrets are common. Both are avoidable.

Can I name different attorneys for each LPA?

Yes. The two LPAs are entirely separate documents, and you can name different attorneys, different replacements, and different decision-making arrangements on each. A common setup is a spouse plus an adult child on the Property and Financial Affairs LPA, with a spouse plus a different relative who shares your care views on the Health and Welfare LPA. You can also choose different activation timing rules (Property and Financial LPAs can be set to activate immediately on registration or only on capacity loss; Health and Welfare LPAs can only ever activate on capacity loss).

What if I get the wrong type of LPA?

If you discover after registration that you have only one LPA and need both, you simply register the second one. It is a separate application with its own £92 OPG fee. There is no penalty or correction process — they are independent documents. The cost of "getting the wrong one" is mostly the time and money you spend on the second registration, plus the fact that during the eight to twelve weeks the second LPA is being processed, you remain exposed in the half of your life that LPA covers.

Can my two LPAs activate at different times?

Yes. The Property and Financial Affairs LPA can be set to activate either when registered (with your consent, while you have capacity) or only when capacity is lost — you choose at the time of signing. The Health and Welfare LPA can only ever activate when capacity is lost; UK law does not allow it to be used while you can still make decisions for yourself. So in practice your Property and Financial Affairs LPA can be operating actively for many years while the Health and Welfare LPA sits dormant until needed.

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YOUR FAMILY. YOUR LEGACY.

Both LPAs in one go — £150 (£75 each).

Get the bundled Trust First Family Legacy Roadmap masterclass seat thrown in. Most Legacy Creators clients choose this option.

Questions? Call us on 020 3376 7910