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Reading a Lasting Power of Attorney in Plain English (UK 2026)

An LPA is one of the most important documents a family can have — but most people have never read one carefully until a crisis hits. This plain-English guide walks through every section of a UK Lasting Power of Attorney so you know exactly what it says, what it allows, and what to watch out for.

The Clarify Team

— 8 min read
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⚡ 2025 reform update: The Powers of Attorney Act 2023 came into force in phases from late 2024, introducing an online-first registration process and new safeguards against fraud. LPAs registered under the old paper system remain fully valid — but new applications now follow a revised procedure.

At a glance

  • A Lasting Power of Attorney (LPA) is a legal document that lets a named person (the attorney) make decisions on behalf of someone else (the donor) if they lose mental capacity.
  • There are two types: Property and Financial Affairs and Health and Welfare. They work differently and must be registered separately.
  • An LPA only becomes legally usable once it is registered with the Office of the Public Guardian (OPG) — an unregistered LPA cannot be used.
  • The document contains instructions and preferences the donor has written — attorneys must follow instructions but can use judgement around preferences.
  • Anyone can be an attorney — a family member, friend, or solicitor. You can have more than one, acting jointly or independently.
  • Not legal advice: This article explains LPA documents in plain English. For your specific situation, speak to a solicitor specialising in elder law or contact Citizens Advice.

An LPA lands on the kitchen table and suddenly everyone in the family feels out of their depth. The language is formal, the structure is unfamiliar, and there is a lot riding on understanding it correctly. Getting it wrong — or ignoring parts of it — can have serious consequences for the person it's meant to protect.

Most people encounter an LPA for the first time when a parent is diagnosed with dementia, or when a relative has a stroke. That is exactly the wrong moment to be reading a legal document from scratch. The earlier you understand what an LPA says, the better placed you'll be to either set one up correctly or act as an attorney when the time comes.

This guide explains every part of a standard UK LPA document in plain English — what each section means, what to look for, and what the constraints on attorneys actually are.

The two types of LPA — and why it matters which one you're reading

Before you read a single line of the document, check which type of LPA it is. The cover page or heading will say one of these:

  • Property and Financial Affairs LPA — covers bank accounts, paying bills, selling property, and managing investments. This type can be used while the donor still has mental capacity (if the donor agrees), or only when capacity is lost, depending on what the donor specified.
  • Health and Welfare LPA — covers medical decisions, care home choices, day-to-day living arrangements, and end-of-life preferences. This type can only be used once the donor has lost capacity. It cannot be used for financial decisions.

Many people set up both. They are separate documents, each requiring its own registration. Don't assume that because one type is registered, the other is too.

Section 1: The donor

This section names the donor — the person giving the power of attorney. It includes their full legal name, date of birth, and address at the time of signing.

Check: Does the name match the donor's current identification documents? A discrepancy (e.g. a maiden name vs. a married name) can cause banks and care providers to query the document. If there's a mismatch, the donor's solicitor can usually provide a covering letter, or the name can be updated via the OPG.

Section 2: The attorneys

This section names the people the donor has chosen to act on their behalf. It will state:

  • Each attorney's full name and address
  • Their relationship to the donor (optional — some donors include this, some don't)
  • Whether the attorneys act jointly, jointly and severally, or jointly for some decisions and severally for others

What "jointly" means

All attorneys must agree and sign off on every decision together. This provides a check — no single attorney can act alone — but it can become impractical if one attorney becomes unavailable or dies. If one attorney in a "jointly only" arrangement can no longer act, the LPA may become unusable unless a replacement attorney was named.

What "jointly and severally" means

Any attorney can act alone without the others. This is more flexible and practical for day-to-day decisions. The attorneys can still choose to make major decisions together, but they're not legally required to.

Section 3: Replacement attorneys

Some LPAs name replacement attorneys — people who step in if one of the original attorneys is unable or unwilling to continue. The document will specify when a replacement can act: usually only when the original attorney has died, lost capacity, or been removed by a court.

A replacement attorney cannot act at the same time as the original attorney — they only activate when triggered by one of those events.

Section 4: Certificate provider

This section names the certificate provider — a person who confirmed, at the time of signing, that the donor understood what they were signing and was not being pressured into it. This is a safeguard against abuse.

The certificate provider must be either:

  • Someone who has known the donor personally for at least two years, or
  • A professional with relevant knowledge (e.g. a GP, solicitor, or social worker)

You don't need to contact the certificate provider after registration — their role was solely to witness and certify the signing process.

Trying to understand an LPA you've been handed?

Upload the document to Clarify and ask in plain English — "What decisions can this attorney make?", "Are the attorneys acting jointly or independently?", or "Does this LPA cover medical decisions?" Clarify reads the document and gives you cited answers in seconds, without legal jargon.

Try Clarify free → getclarify.co.uk

Section 5: Instructions

This is one of the most important sections — and one that is often blank. Instructions are specific, legally binding directions the donor has written for their attorneys. If instructions are present, attorneys must follow them. They cannot override them, even if they think they know better.

Examples of instructions you might see:

  • "My attorneys must not sell my property at [address] without the agreement of all attorneys acting jointly."
  • "My attorneys must consult my GP before making any decision about care arrangements."
  • "My attorneys must keep my financial affairs separate from their own."

If an attorney acts against a written instruction, they may be acting outside their legal powers — which could expose them to personal liability and result in the OPG investigating.

Section 6: Preferences

Preferences are different from instructions. They express the donor's wishes and values but are not legally binding. Attorneys should take them into account and try to honour them, but they can depart from them if there's a good reason.

Examples of preferences:

  • "I would prefer to stay in my own home for as long as possible."
  • "I would like my attorneys to consult my children before making major financial decisions."
  • "I prefer to use [specific bank] and would like my accounts to remain there if possible."

If the preferences section is blank, attorneys are not required to justify every decision — but they are always required to act in the donor's best interests under the Mental Capacity Act 2005.

Section 7: Life-sustaining treatment (Health and Welfare LPAs only)

In a Health and Welfare LPA, there is a specific section asking whether the attorney has the power to make decisions about life-sustaining treatment — for example, whether to continue ventilation, artificial nutrition, or CPR.

This is a tick-box section on the original form. The LPA will either say:

  • "I give my attorney authority to give or refuse consent to life-sustaining treatment" — the attorney can make these decisions.
  • "I do not give my attorney authority..." — these decisions fall to medical professionals and, if needed, the Court of Protection.

This section matters enormously in end-of-life situations. Read it carefully and make sure the relevant medical team is aware of what it says.

The registration stamp

Somewhere on the document — usually the first or last page — there will be an OPG registration stamp with a registration date and a reference number. This confirms the LPA is legally valid and can be used.

If you don't see a registration stamp, the LPA has not been registered and cannot be used. An unregistered LPA is not legally effective, no matter how carefully it was drafted or witnessed.

What attorneys can and cannot do

Even a fully registered LPA does not give unlimited power. Attorneys must:

  • Always act in the donor's best interests
  • Consider the donor's past wishes, beliefs, and values
  • Take account of the views of family and carers where relevant
  • Keep records of decisions made
  • Keep the donor's finances separate from their own

Attorneys cannot:

  • Make a will on the donor's behalf
  • Vote in elections for the donor
  • Make gifts beyond what the LPA or OPG guidelines permit
  • Act in a way that benefits themselves at the donor's expense
  • Make decisions the donor is still capable of making themselves

Checking an LPA before you act on it?

Upload the document to Clarify and get a plain-English breakdown of the attorneys named, whether they act jointly or independently, any instructions the donor left, and whether the document is registered. No legal training needed — just upload and ask.

Read your LPA with Clarify → getclarify.co.uk

Frequently asked questions

What's the difference between an LPA and an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) was the predecessor to the LPA and was replaced in England and Wales in October 2007. EPAs made before that date are still valid and can still be registered with the OPG if they haven't been already. If you find an old EPA in a family member's papers, it may still be usable — check with a solicitor or the OPG directly.

Can an attorney use an LPA before the donor loses capacity?

It depends on the type. A Property and Financial Affairs LPA can be used as soon as it is registered (with the donor's consent) or only after the donor loses capacity — whichever the donor specified in the document. A Health and Welfare LPA can only be used once the donor lacks the mental capacity to make the relevant decision themselves.

How do I know if an LPA has been registered?

Look for the Office of the Public Guardian's registration stamp, which appears on the document itself. It includes a registration date and reference number. If in doubt, you can verify an LPA's registration status for free on the GOV.UK website at gov.uk/use-lasting-power-of-attorney.

Can an attorney be removed?

Yes. If there are concerns about how an attorney is behaving, a complaint can be made to the Office of the Public Guardian. If the OPG finds the attorney is not acting in the donor's best interests, it can apply to the Court of Protection to have them removed. Family members, care professionals, or the donor themselves (if they still have capacity) can raise a concern.

What happens if there is no LPA and someone loses capacity?

Without an LPA, no one automatically has legal authority to manage another person's finances or make decisions about their care. Family members would need to apply to the Court of Protection for a Deputyship order — a process that is significantly more expensive, time-consuming, and ongoing than registering an LPA in advance.

Can an attorney make gifts from the donor's money?

Only within strict limits. A Property and Financial Affairs attorney can make gifts of a reasonable value to family members on customary occasions (birthdays, weddings, Christmas) and to charities the donor would have supported. Any gifts beyond these limits require Court of Protection approval. Attorneys who make unauthorised gifts risk personal liability and OPG investigation.

What does "mental capacity" actually mean under the LPA?

Under the Mental Capacity Act 2005, a person lacks mental capacity for a specific decision if, due to an impairment of the mind or brain, they cannot: understand the relevant information, retain it long enough to decide, weigh it up, or communicate their decision. Capacity is assessed decision by decision — someone may have capacity for some decisions but not others at the same time.

Does an LPA need to be witnessed?

Yes. Each signature in the LPA must be witnessed. The donor, each attorney, and the certificate provider all sign separately, each in front of a witness. Certain people cannot act as witnesses — for example, an attorney cannot witness the donor's signature. The OPG will reject an LPA if the witnessing requirements haven't been met.

This article is for general information only and does not constitute legal or professional advice. LPA rules, OPG procedures, and registration requirements can change. For advice about your specific situation — including setting up or acting under an LPA — speak to a solicitor specialising in elder law or contact Citizens Advice at citizensadvice.org.uk.

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