I’ll be honest with you: most people put off sorting a Lasting Power of Attorney until something forces the issue — a parent’s diagnosis, a hospital admission, a “what if” conversation that suddenly feels less hypothetical. This guide covers what an LPA actually is, the two types, what it costs in Swindon, and how to register one — so you can sort it before it becomes urgent, not after.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you’re ever unable to make them yourself. There are two types — one for property and finances, one for health and welfare — and you can set up either or both. Without one, your family has no automatic right to act for you, even if you’re married.
The Two Types of LPA: Property & Financial vs. Health & Welfare
Both types are legally separate documents, and it’s worth understanding what each one actually covers before deciding whether you need one or both. An LPA is also just one piece of a wider plan alongside your Will and, in some cases, a Trust — our guide to estate planning in Swindon covers how the pieces fit together.
| Property & Financial LPA | Health & Welfare LPA | |
|---|---|---|
| Covers | Bank accounts, bills, property, investments | Medical care, daily routine, where you live |
| Can be used | As soon as it’s registered (with your permission) | Only once you’ve lost mental capacity |
| Typical use case | Managing money while you’re abroad, ill, or after a diagnosis | Care home decisions, medical treatment consent |
Most people benefit from having both — a Property & Financial LPA without a Health & Welfare LPA means someone can manage your bank account but has no say in your care, and vice versa.
Why Set Up an LPA Now, Not Later
An LPA can only be made while you have full mental capacity to understand what you’re signing — that’s the part people usually miss. You can’t set one up retroactively once capacity is already in question. According to research commissioned by Canada Life (Opinium, 2022), 78% of UK adults have not registered a Lasting Power of Attorney, including 77% of people over 55. That’s the age group who arguably need one most, still going without.
How Do You Choose the Right Attorney?
Choose someone you trust completely, who’s comfortable handling money or medical decisions under pressure, and who’s realistically available when needed. Most people choose a spouse, partner, or adult child. You can appoint more than one attorney, and you can name a replacement attorney in case your first choice is ever unable to act — worth doing, since an LPA with no working attorney simply can’t be used. If you’re setting this up as a couple, it’s also worth reading about mirror Wills for Swindon couples, since many clients handle both in the same set of appointments.
How Do You Register an LPA?
Registering an LPA follows the same three steps whether you’re in Swindon or anywhere else in England and Wales — the OPG (Office of the Public Guardian) handles registration nationally, not locally.
| Step | What happens | Typical time |
|---|---|---|
| 1. Draft | LPA is drawn up and signed by you, your attorney(s), and a certificate provider | 1-2 weeks |
| 2. Submit | Application sent to the Office of the Public Guardian, with the £92 registration fee per LPA | — |
| 3. Register | OPG checks and registers the LPA; it can then be used | 8-12 weeks online, 20-25 weeks by paper |
An unregistered LPA can’t be used, even in an emergency — so registering early, well before it’s needed, matters more than most people realise. Applying through the OPG’s digital service is meaningfully faster than the paper route, if your certificate provider and attorneys are able to complete their sections online too.
What Happens If You Don’t Have an LPA?
If you lose capacity without an LPA in place, your family cannot automatically step in — even a spouse has no default legal right to manage your finances or make care decisions for you. Instead, they’d need to apply to the Court of Protection for a deputyship order, which is slower, more expensive, and more stressful than setting up an LPA in advance. It can take several months, compared with the 8-12 to 25-week LPA registration window depending on how you apply.
What Does an LPA Cost?
On top of whatever your will writer or solicitor charges, the Office of the Public Guardian charges a separate £92 registration fee per LPA — a fixed government fee, the same wherever you set one up. Riverwise’s own fees are fixed and published rather than quoted case-by-case; see our Power of Attorney pricing for the exact figures, or book a free, no-obligation consultation in English or Portuguese.
Frequently Asked Questions
Do I need a solicitor to set up an LPA?
No — LPAs can be set up by a will writer like Riverwise; you don’t need to be a solicitor to draft one. We focus specifically on Wills, LPA and trust planning, and every LPA is reviewed carefully with you before it’s submitted.
Can my spouse make decisions for me automatically if I don’t have an LPA?
No. This is one of the most common misconceptions — marriage doesn’t grant automatic legal authority over your finances or care. Without an LPA, your spouse would need to apply to the Court of Protection, which takes months and costs considerably more than setting one up in advance.
How long does an LPA take to register in Swindon?
Registration with the Office of the Public Guardian currently runs 8-12 weeks if submitted digitally, or 20-25 weeks for a paper application, regardless of location. Drafting and signing beforehand usually adds another 1-2 weeks, so plan well ahead either way.
Can I set up an LPA and a Will at the same time?
Yes — many Riverwise clients do both in the same set of appointments, since the conversations naturally overlap. An LPA protects you while you’re alive but unable to decide for yourself; a Will only takes effect after you die. They cover different stages, and most people need both.
Do you offer LPA consultations in Portuguese?
Yes — our advisers offer guidance in both English and Portuguese, reflecting Swindon’s Lusophone community.
