Do I Need Both Types of Lasting Power of Attorney?
A lasting power of attorney does not automatically cover every decision. There are two types: health and welfare, and property and financial affairs. You can make either or both. The useful starting question is which decisions you want someone to help with, rather than simply whether you have “a power of attorney”.
This guide explains the England and Wales LPA framework for readers in England. It is a starting point for planning, not a recommendation that everyone should make identical arrangements.
What does a health and welfare LPA cover?
A health and welfare LPA can cover decisions about care, daily routines, where you live and medical treatment. It can only be used when you lack capacity to make the relevant decision. The form also asks you to choose whether your attorneys should have authority over life-sustaining treatment.
Think about what someone would need to understand about you: routines that matter, religious or cultural preferences, communication needs and the people you want involved in discussions. Write those matters in your own words before trying to turn them into formal wording.
What does a property and financial affairs LPA cover?
This type concerns money and property, such as accounts, bills, benefits, pensions and selling a home. Subject to your chosen terms, it can be used after registration with your permission while you still have capacity, or you can restrict its use to when you lack capacity.
List the financial tasks you currently manage yourself. Consider whether an attorney would need to deal with several organisations, organise regular payments or manage property paperwork. This practical exercise helps you decide what experience and availability your chosen person would need.
Why one type may leave an important gap
An LPA for financial decisions does not give the attorney the health and welfare powers of the other LPA. Equally, appointing someone for welfare decisions does not provide the separate financial authority needed to manage your affairs under an LPA.
Illustration: you want a trusted relative to deal with bills if you become unwell, but you also want someone who understands your care preferences to make relevant welfare decisions if you cannot. Those are two different planning needs. Discussing them together does not turn the two instruments into one document.
Make two short lists headed “money and property” and “care and welfare”. Under each, note the decisions you are concerned about and who you would trust with them. Mark any uncertainty for discussion rather than copying wording from someone else’s arrangements.
Do the attorneys have to be the same people?
You can make different choices for the two LPAs. Consider trust, willingness and practical ability rather than choosing solely by family seniority. An attorney must be at least 18 and have mental capacity. Bankruptcy or a debt relief order prevents someone acting as an attorney for property and financial affairs.
If you appoint several attorneys, decide how they will act. Joint decisions require everyone’s agreement. Joint and several appointments allow attorneys to act individually or together. You can also consider replacement attorneys for when an original appointment can no longer operate.
Talk to potential attorneys before naming them. Explain the kinds of tasks you anticipate, ask whether they are willing and discuss how they would communicate with each other. A person can care deeply about you while being poorly placed to handle detailed financial administration or frequent care discussions.
Making an LPA and using it are different stages
You must have capacity to make the LPA when you create it. Registration with the Office of the Public Guardian is a separate step and must take place before it can be used as an LPA. Registering it does not mean every attorney can immediately make every decision for you.
As checked on 10 September 2026, the government lists a registration fee of £92 per LPA, or £184 for both, before any applicable reduction or exemption. Professional preparation fees are separate. Check the current fee when applying rather than relying on an old quotation.
Be careful with instructions and signing
Preferences and binding instructions are not interchangeable. An instruction that is unclear, incompatible with the law or impractical may create difficulties. Explain the result you want to achieve and have any proposed restrictions checked before signing.
The certificate provider has an important role in confirming the required understanding and absence of improper pressure. The forms also have a required signing sequence. Follow the current Office of the Public Guardian guide and do not ask everyone to sign wherever convenient without checking that sequence.
Questions to prepare for an LPA discussion
Do I want help with financial decisions, welfare decisions or both?
Who do I trust for each role, and have they agreed to act?
Who could replace them if they could no longer act?
How would multiple attorneys make decisions?
Which wishes matter most, and do any proposed restrictions need advice?
Do I already have an LPA, an enduring power of attorney or other planning documents to bring?
Keep the discussion focused on your choices. If someone is helping you organise the paperwork, distinguish their practical help from your own instructions. Record questions before the appointment so they can be addressed calmly, without rushing to sign.
Help preparing your LPA
H.A. Law Advisory can discuss non-reserved LPA preparation support and the information needed for your arrangements. We take instructions from the person making the LPA. Complex capacity disputes, Court of Protection proceedings and specialist financial matters require appropriately authorised advice.
General information checked on 10 September 2026. H.A. Law Advisory is an independent paralegal practice, not a firm of solicitors. Registration and the effect of your arrangements depend on the law, valid execution and your particular instructions.
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