Every year, Martin Lewis tells millions of people to set up a Lasting Power of Attorney. And every year, a wave of people search for what he meant and whether it applies to them.
Here is the short answer. If you are over 18, it almost certainly does.
I have spent more than twenty years helping families plan ahead, and the Martin Lewis power of attorney message is one I would put on a billboard if I could. Not because a will is unimportant. Because a will does nothing at all while you are alive, and that is exactly when most families find out they needed something else. This guide explains what an LPA is, what happens without one, and what it costs. Everything here applies to the law in England and
What it is: a legal document letting people you trust make decisions for you if you lose mental capacity
Two types: Property and Financial Affairs, and Health and Welfare
Who can make one: anyone aged 18 or over who still has mental capacity
Registration fee: £92 per LPA, paid to the Office of the Public Guardian
Registration time: 8 to 10 weeks if there are no mistakes
Without one: your family must apply to the Court of Protection, from £432 plus ongoing fees
Martin Lewis has returned to Lasting Powers of Attorney again and again, on television, in his MoneySavingExpert newsletter and across social media. His message is consistent: set one up while you can, because waiting until you need it is too late, and the alternative for your family is slow, stressful and expensive.
Why would a consumer finance journalist keep coming back to a legal document? Because it is one of the few pieces of planning that can save a family thousands of pounds and months of distress for a relatively small cost. That is a money-saving story by any measure.
To be clear, Online Wills and Probate has no connection with Martin Lewis or MoneySavingExpert. I simply agree with him, and I see the reasons for his advice in my work every week.
A Lasting Power of Attorney (LPA) lets you choose one or more people, called attorneys, to make decisions on your behalf if you cannot make them yourself. There are two types, and they cover very different parts of your life.
This covers your money and property: bank and building society accounts, paying bills, collecting your pension, managing investments, and buying or selling your home. With your permission, it can be used while you still have capacity, which helps if you are in hospital or simply want someone to help you manage things.
This covers decisions about your medical treatment, your daily care and where you live. It can only be used once you have lost the capacity to make those decisions yourself. You can also choose whether your attorneys can make decisions about life-sustaining treatment, which is something worth thinking through carefully.
Most people benefit from both. I go into more detail on each, and on choosing your attorneys, in our complete guide to Lasting Powers of Attorney.
This is the assumption I hear more than any other, and it is the one that causes the most heartache.
Take Claire. She is 47 and has a stroke at work. She survives, but for several months she cannot manage her own affairs. Her husband assumes he can step in. He cannot. Her salary goes into an account in her name only, and the bank will not let him touch it. Her doctors will consult him about her care, but the final decisions are not his to make. And because their home is in joint names, he cannot sell it or remortgage it without her signature.
Claire is an example, but versions of her story come to us far too often. Being married, or being someone’s adult child, gives you no automatic legal authority over their money or their care. Only an LPA, or a court order, does that.
Our fee for a single LPA drops from £300 to £255, or from £600 to £510 for both types together. Use code 15OFF by 31 October. The Office of the Public Guardian’s £92 registration fee per LPA is separate and not discounted.
If you lose capacity without an LPA in place, your family has to apply to the Court of Protection to be appointed as your deputy. Here is what that involves, using the current GOV.UK fees:
On top of the money, there is the time. Applications typically take several months, and during that period your family may be unable to pay your bills, manage your care fees or deal with your home. Deputies also have to submit annual reports, and the court, not your family, decides who is appointed.
Compare that with an LPA, which costs £92 to register and can be used as soon as it is needed. That is the whole of Martin Lewis’s argument in two numbers.
People tend to think of LPAs as something for their parents, or for later life. I understand why. But the families I have helped through a crisis were not always elderly. A car accident, a brain injury, a serious illness: none of these wait for retirement.
There is also a catch that makes waiting genuinely risky. You can only make an LPA while you still have the mental capacity to understand what you are signing. If dementia or a sudden illness takes that away, the door closes, and the Court of Protection is the only route left.
If you have a mortgage, children, a business, or a partner you are not married to, I would put an LPA at the top of your list. In my view, it is often more urgent than your will.
Making an LPA is worth doing properly. These are the problems I come across most often:
The Office of the Public Guardian charges £92 to register each LPA, so £184 for both. You can apply for a reduced fee if you earn less than £12,000, and some people on certain benefits are exempt.
If you would like professional help, our fee is £300 for one LPA or £600 for both. That includes advice from one of our team on your choices, preparation of your documents, and support with registration so nothing is rejected over an avoidable error. You can see the full details on our Lasting Power of Attorney page.
With code 15OFF, one LPA costs £255 instead of £300, or £510 instead of £600 for both types together. Offer ends 31 October. The Office of the Public Guardian’s £92 registration fee per LPA is separate and not discounted.
If you are also thinking about your will this month, I have written about the questions to ask before accepting a free will during Free Wills Month. Most families need both documents, and October is a good time to sort them together.
Martin Lewis is right, and the best time to act is while it is still your choice. Our team will talk you through both types of LPA, help you choose your attorneys, prepare your documents and guide you through registration with the Office of the Public Guardian. Set up your Lasting Power of Attorney with 15 per cent off until 31 October, or call us on 01858 451 042 to talk it through first. If your will needs attention too, we can write or review your will at the same time.
Yes, in most cases. A will and a Lasting Power of Attorney do completely different jobs. Your will only takes effect after you die and decides who inherits your estate. An LPA works while you are alive, giving someone you trust the legal authority to manage your money or make health and care decisions if you lose mental capacity. Having a will does nothing to help your family if you have a stroke, an accident or develop dementia. Most adults in England and Wales benefit from having both documents in place.
The Office of the Public Guardian charges £92 to register each Lasting Power of Attorney in England and Wales, so £184 if you register both types. You can apply for a reduced fee if you earn less than £12,000, and some people on certain benefits are exempt. If you use a professional to prepare your LPA, their fee is on top of this. At Online Wills and Probate our fee is £300 for one LPA or £600 for both, and we are taking 15 per cent off throughout October 2026.
You can make a Lasting Power of Attorney from the age of 18, and there is a strong case for doing it well before retirement. Losing capacity is not only something that happens in later life. Car accidents, strokes, brain injuries and serious illness can affect anyone, at any age. And you can only make an LPA while you still have the mental capacity to understand what you are signing. If you wait until you need one, it may already be too late to make it.
Not if the account is in your sole name. Being married or in a civil partnership does not give your spouse any automatic legal authority over your money if you lose capacity. A joint account can often still be used by the other account holder, but savings, pensions, investments and anything else in your name alone are likely to be frozen. Your spouse also cannot sell or remortgage a home you own together without your signature. Without an LPA, they would need to apply to the Court of Protection.
Your family would need to apply to the Court of Protection to be appointed as your deputy. The application fee is £432 per type of deputyship, with a possible £266 hearing fee, a £100 assessment fee for new deputies and an annual supervision fee of up to £320. Some deputies must also pay for a security bond. The process typically takes several months, during which your family may be unable to pay your bills or manage your affairs. The court, not your family, decides who is appointed.
The Office of the Public Guardian says it takes 8 to 10 weeks to register a Lasting Power of Attorney, as long as there are no mistakes in the application. If there are errors, the application can be rejected and you may need to start again and pay the fee a second time. This is one of the main reasons to register your LPA as soon as it is signed, rather than waiting until it is needed. A registered LPA can be used straight away when the time comes.
Yes. You can complete the forms yourself through GOV.UK and pay only the £92 registration fee per LPA. Many people do. The risk is that mistakes in the forms, the signing order or the choice of attorneys can lead to rejection or to an LPA that does not work the way you intended. Professional help is worth considering if your family situation is complicated, you own a business or property, or you want specific instructions about how your attorneys should act.
Free Guidance
Our guides are designed to help you get the information you need. Each one has been written by either Phil Izzard or Jane Morris-Rowlinson. If you can’t find what you’re looking for, call us.
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Wills, Lasting Powers of Attorney and probate, guided by the same legal professionals whether you do it yourself online, over a call, or face to face. England and Wales, without the traditional law firm price tag.
