NHS Greater Glasgow and Clyde, Scotland’s largest health board, has repeatedly flagged that a significant share of patients well enough to leave hospital can’t be discharged because no one holds the legal authority to make decisions on their behalf. Scotland has its own version of the Power of Attorney; England and Wales use the Lasting Power of Attorney, or LPA. The document differs slightly by nation, but the underlying problem doesn’t – without one in place, even a routine hospital discharge can stall.
Most people don’t actually have one
Research published by Phoenix Insights in March 2025 found only 8% of UK adults have an up-to-date Power of Attorney in place, and just 13% say they know much about what one actually does. A follow-up survey published by Standard Life in September 2025 found a similar picture across Great Britain and Scotland, and turned up something worth knowing on its own: 31% of respondents believed, incorrectly, that they were too young to need one. An LPA isn’t only for later life – it covers any point at which you’re unable to make decisions yourself, whatever the cause. There is a genuinely positive trend running alongside this: the Office of the Public Guardian’s register passed 10 million live LPAs in October 2025, and processed 1.59 million applications in the 2025/26 year alone, its fastest average clearance time since 2019/20. More people are registering one than ever. Most people still haven’t.
What happens if you don’t have one
Without an LPA, a family member can’t simply step in on your behalf if you lose the mental capacity to make decisions yourself. They’d usually need to apply to the Court of Protection to be appointed your “deputy” instead – a process that can take considerably longer than registering an LPA in advance, and typically costs well over £1,000 once the application fee, a capacity assessment and a security bond are accounted for, before any solicitor’s fees. Ongoing supervision fees usually follow each year after that too. It’s also worth being clear that the court decides who becomes your deputy. It may not be the person you’d have chosen yourself, or the person you’d already discussed your wishes with.
The two types cover different things
A health and welfare LPA lets your attorney make decisions about your daily routine, moving into a care home, and medical care including life-sustaining treatment. A property and financial affairs LPA covers your money instead – paying bills, collecting your pension, managing your bank account, or selling your home if that becomes necessary. You can appoint the same person to both, split them between two people, or name more than one attorney and decide whether they need to act together or can act separately. Most people find they need both eventually, though only the financial affairs LPA can be used before you lose capacity, if you’d simply prefer some help managing things day to day.
Who you choose matters as much as choosing at all
An attorney needs to understand your wishes and be someone you genuinely trust to carry them out, which sounds obvious until you’re actually filling in the form. It’s worth having a real conversation with whoever you’re considering before you name them, rather than defaulting to the eldest child or the one who lives nearest. If you’d rather split the responsibility, you can name more than one attorney and decide whether they need to agree on every decision together or can act independently of each other.
Registering one is more straightforward than most people expect
You can complete the forms yourself online, or a solicitor can handle it for you, but either way the LPA has to be registered with the Office of the Public Guardian before it’s valid – your attorney can’t act on it beforehand. It currently costs £92 to register each LPA, and the Office of the Public Guardian’s own current guidance puts the timeline at 8 to 10 weeks, provided there are no errors on the application. That’s a modest cost and a fairly short wait, set against what a deputyship application usually involves instead.
Let’s talk about your wider plan
An LPA tends to sit alongside other later-life planning most people are working through around the same time – making or updating a will, funding future care, and passing on wealth during your lifetime. We work with clients across Poole, Bournemouth and the wider Dorset area to bring all of this together properly, rather than tackling each piece in isolation. If registering an LPA is something you’ve been meaning to get round to, get in touch and we’re happy to have a no-obligation conversation about it and what else might be worth reviewing at the same time.
This article is for general information only and does not constitute financial or legal advice, which should be based on your individual circumstances. The information is aimed at retail clients only. All information is correct at the time of writing (September 2026) and is subject to change in the future.
Please do not act based on anything you might read in this article. All contents are based on our understanding of current Office of the Public Guardian guidance and fees, which are subject to change.
The Financial Conduct Authority does not regulate will writing, Power of Attorney, or estate planning.