LPAs after a terminal diagnosis

Guidance from Estate Advisory Group

Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026

Time is the constraint. Both types of LPA matter, and the paperwork can be done in a single sitting.

Priorities in order

  1. Health & Welfare LPA, including the life-sustaining treatment option if that reflects your wishes.
  2. Property & Financial Affairs LPA so bills and benefits continue to be handled.
  3. A will, if there is not one already, or an update to it.
  4. An advance statement recording preferences about care and place of death.

Speed and registration

Registration involves a statutory waiting period and OPG processing, so it takes weeks rather than days. If there are urgent reasons, explain them when you apply — the OPG can sometimes prioritise a case. An unregistered LPA cannot be used, which is why applying immediately matters.

The LPA ends at death

Attorneys cannot deal with the estate. That is the executor's job under the will.

Fee help

The £92 OPG fee per LPA can be halved or waived on income grounds or if you receive certain benefits. See fee exemption and remission. Our fee is £49 for one LPA or £79 for both.

Common questions

Should I make an advance decision as well?

Often yes, for specific treatment refusals. Date it carefully so it is clear how it interacts with the LPA. See advance decision vs LPA.

Can my attorney arrange my funeral?

No — authority ends at death and funeral arrangements fall to the executors or next of kin.

Read next

Where this fits

This page is part of Parents, couples and capacity. The pages below take it further.

Review and sources

Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.

Official sources

Helping a parent or partner?

They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.

The Office of the Public Guardian charges a separate £92 to register each LPA.

This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.

Published by Estate Advisory Group