When does an LPA take effect?
Guidance from Estate Advisory Group
Never before registration. After that it depends on the type — and on a box you ticked on the financial form.
Financial LPAs
- Option A — as soon as it is registered. Attorneys can help while you still have capacity, with your consent. Convenient for online banking, bills and admin.
- Option B — only when you lack capacity. Attorneys cannot act until capacity is lost, which means someone must assess it, and banks will ask for evidence.
Option A does not remove your control: while you have capacity your decisions prevail and you can revoke the LPA at any time.
Health and welfare LPAs
There is no choice here. An LP1H can only be used for a decision the donor cannot make themselves at that moment. Capacity is decision-specific, so an attorney might properly decide about a care home move while the donor still chooses their own meals. See mental capacity explained.
The practical gap
Nothing works in the meantime
Between signing and registration — commonly a couple of months — the LPA has no effect at all. Banks and hospitals will refuse an unregistered document, which is why leaving it until help is needed is a mistake.
Common questions
Can I stop my attorneys using it once registered?
Yes. While you have capacity you can revoke the LPA, and under Option A you can simply withhold consent to any particular act.
Who decides capacity has been lost?
Usually a GP or the professional who needs the decision made. Banks often ask for written confirmation.
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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