This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.
Financial vs health and welfare LPA: what's the difference, and do you need both?
Checked against GOV.UK, the LP12 guide (web version updated 20 April 2026) and the Mental Capacity Act 2005 ss.10–12 and 25 on 18 October 2026.
Quick answer
A property and financial affairs LPA lets your attorneys deal with money and property, such as bank accounts, bills, benefits, pensions and selling your home. With your permission, it can be used as soon as it's registered. A health and welfare LPA covers decisions such as your daily routine, medical care, moving into a care home and life-sustaining treatment, and can only be used when you can't make the decision yourself. They're separate documents, each costing £92 to register.
- You can make one or both. Both cost £184 in total, less with fee help.17
- A health and welfare attorney can decide on life-sustaining treatment only if the LPA expressly says so (Option A in section 5).3
- Bankruptcy and Debt Relief Order rules, trust corporations and the gift limits apply to the financial LPA only.56
- Without the relevant LPA, someone may need to apply to the Court of Protection to become a deputy.8
Side by side
| Property and financial affairs (LP1F) | Health and welfare (LP1H) | |
|---|---|---|
| Examples of decisions | Bank accounts, paying bills, collecting benefits or a pension, selling your home1 | Daily routine (washing, dressing, eating), medical care, moving into a care home, life-sustaining treatment1 |
| When it can be used | You choose in section 5: "as soon as my LPA has been registered (and also when I don't have mental capacity)" or "only when I don't have mental capacity"2 | Only when you lack, or the attorney reasonably believes you lack, capacity to make that decision3 |
| What section 5 is | A tick box: mark only one option2 | Life-sustaining treatment: sign Option A or Option B, witnessed2 |
| Attorney bankrupt or under a DRO? | Can't act5 | An attorney's bankruptcy doesn't affect a health and welfare LPA10 |
| Trust corporation as attorney? | Yes5 | No5 |
| Gift limits | Yes: customary occasions and charities, reasonable value6 | Not applicable |
| Registration fee | £927 | £927 |
What "as soon as registered" means on the financial LPA. GOV.UK says it "can be used as soon as it's registered, with your permission".1 So with that option, attorneys can help with your permission while you can still make your own decisions. With the other option, the LPA can only be used when you don't have mental capacity.2
Health and welfare: life-sustaining treatment
A health and welfare attorney can only give or refuse consent to life-sustaining treatment if the LPA expressly gives them that power.3 That choice is made in section 5 of LP1H. The donor signs one option only, and the signature is witnessed:2
- Option A: "I give my attorneys authority to give or refuse consent to life-sustaining treatment on my behalf"
- Option B: "I do not give my attorneys authority..."
If Option B is chosen, doctors make the decision. They must act in the donor's best interests and take account, where possible, of the attorneys' views and anything the donor has said or written.2
Settle doesn't recommend either option. It's a personal decision, and some people find it helps to talk it through with family, their GP or a faith or community leader before signing.
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
Advance decisions and the health and welfare LPA
An attorney's health and welfare powers are subject to any valid and applicable advance decision to refuse treatment. However, an advance decision is not valid if the donor later made an LPA giving the attorney authority over that same treatment.34 So the order matters: a later LPA that expressly covers the same treatment makes an earlier advance decision invalid. If you have, or are thinking about, an advance decision, check how the two fit together before signing.
Do you need both?
Only the donor can decide. These questions can help:
- Who would deal with my bank, bills and pension if I couldn't? That's the financial LPA.
- Who would I want doctors and carers to talk to about my care? That's the health and welfare LPA.
- Would I want the same people for both? You can choose the same or different people. Each LPA has its own attorney section.
- Is the cost a barrier? Each costs £92, but the donor may pay half or nothing. See LPA cost and fee help.
If you only have one
| Situation | What may happen |
|---|---|
| No financial LPA, and the donor can no longer manage their money | Someone may have to apply to the Court of Protection to become a property and financial affairs deputy.8 If you only need to manage someone's benefits, you can apply to become an appointee instead.8 |
| No health and welfare LPA | The court usually appoints a personal welfare deputy only where there's doubt that decisions will be made in the person's best interests, for example when family members disagree.8 |
Deputyship has its own costs. The application fee is £432 (paid twice if applying for both types), with a £266 hearing fee if the court decides a hearing is needed, a £100 assessment fee for new deputies, and an annual supervision fee of £320 (or £35 for some property and affairs deputies managing under £21,000). A security bond may be needed. Help with fees may be available.9
In 2025, property and affairs deputyship applications took on average 23.9 weeks from receipt to final order (median 15.6 weeks), according to the Ministry of Justice.11
Choosing attorneys for each
The attorney rules are mostly the same for both types. The differences are the bankruptcy and DRO rule and trust corporations, which apply only to the financial LPA.5 How your attorneys make decisions together, "jointly" or "jointly and severally", is chosen separately on each form. See Choosing your attorneys.
Frequently asked questions
Can I make one now and the other later?
Yes. They're separate documents with separate applications. If you make them at different times, you go through the signing and registration steps for each one.7
Can my financial attorney make medical decisions?
Not under a property and financial affairs LPA. Health and care decisions need a health and welfare LPA.1
Can a health and welfare attorney act while I can still decide?
No. They can only make a decision when you lack, or they reasonably believe you lack, capacity to make it.3
Do both have to be registered?
Yes, each must be registered by OPG before it can be used, and each has its own £92 fee.7
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
This guide is general information, not legal or medical advice. Settle never recommends a life-sustaining treatment choice.
Related guides
Sources & references
The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.
- Make, register or end a lasting power of attorney — GOV.UK
- LP12: Make and register your lasting power of attorney (web version) — GOV.UK
- Mental Capacity Act 2005, section 11 — legislation.gov.uk
- Mental Capacity Act 2005, section 25 — legislation.gov.uk
- Mental Capacity Act 2005, section 10 — legislation.gov.uk
- Mental Capacity Act 2005, section 12 — legislation.gov.uk
- Register a lasting power of attorney — GOV.UK
- Become a deputy — GOV.UK
- Deputy fees — GOV.UK
- Mental Capacity Act 2005, section 13 — legislation.gov.uk
- Written question UIN 3422: Court of Protection deputyship timescales, answered 1 June 2026 — UK Parliament
Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.