The difference between the two types of LPA

Guidance from Estate Advisory Group

There are two separate Lasting Powers of Attorney in England and Wales. They are different documents, registered separately, and one does not cover the other.

Side by side

Property & financial affairsHealth & welfare
Official formLP1FLP1H
CoversBank accounts, bills, pensions, benefits, property, investmentsCare, treatment, where you live, daily routine
Can be used while you still have capacity?Yes, if you allow itNo — only when you cannot decide
Life-sustaining treatmentNot applicableYou choose whether attorneys can decide
OPG registration fee£92£92

The point most people miss

A financial LPA gives your attorney no say at all over medical treatment or a move into a care home. A health and welfare LPA gives them no access to the money that pays for it. Families who made only one usually discover the gap at the worst possible moment.

Health and welfare only starts when capacity goes

By law a health and welfare LPA can only be used once you are unable to make the decision yourself. A financial LPA can be used earlier if you tick that option — useful if you would like help while you are still perfectly capable.

Which should you make?

  • Both is the normal answer, and the reason we price two at £79 rather than £98.
  • Financial only if someone else already holds a health and welfare LPA, or your care decisions are genuinely settled.
  • Health and welfare only is rare, but sensible if your finances are already managed under a trust or deputyship.

Read the detail on each: property and financial affairs and health and welfare.

Common questions

Do I have to use the same attorneys for both LPAs?

No. Many people appoint a financially confident child for money and a nearby child for care decisions. You can also appoint the same people for both.

Do I pay the £92 registration fee twice?

Yes. The Office of the Public Guardian charges £92 per document, so two LPAs cost £184 in registration fees. Fee reductions and exemptions may apply.

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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