When a Lasting Power of Attorney Takes Effect
A Lasting Power of Attorney (LPA) only takes effect once it’s registered, and sometimes only if you lose mental capacity. Our Leeds solicitors explain when each type of LPA starts, what “capacity” really means, and how to stay fully in control while protecting your future choices.
- Understand when your Lasting Power of Attorney takes effect
- Stay in control while you have capacity
- Learn when attorneys can act for you
- See the difference between LPA types
- Get clear guidance from Leeds solicitors
- Join 3,000+ happy Winston clients
A Lasting Power of Attorney (LPA) doesn’t automatically come into force when it’s signed. It only becomes active once it’s registered with the Office of the Public Guardian (OPG). Even then, it depends on which type of LPA you’ve made.
At Winston Solicitors in Leeds, our friendly team explains exactly when your attorneys can start helping and how you can stay in control. With over 3,000 five-star reviews, we’re trusted across West Yorkshire for clear, supportive legal advice.
People often think an LPA means handing over control straight away. In fact, you remain fully in charge until you decide otherwise or lose mental capacity.
Monika Volsing, Head of Private Client at Winston Solicitors
When a Health and Welfare LPA Takes Effect
A Health and Welfare LPA only becomes active if you lose mental capacity. Meaning that you can no longer make important health or care decisions yourself.
Until that point, you stay in control of your own care, treatment, and daily life. Your attorneys can only act once medical professionals agree you no longer have capacity.
This ensures your wishes are respected, while giving someone you trust the legal power to speak for you when you can’t.
When a Property and Financial Affairs LPA Takes Effect
Your Property and Financial Affairs LPA can take effect in one of two ways:
- Immediately on registration - if you choose, your attorneys can help with day-to-day financial tasks as soon as the LPA is registered.
- Only if you lose capacity - your attorneys step in later, once you’re unable to manage your finances yourself.
Some clients prefer the first option if, for example, a physical illness makes banking or bill payments difficult. Others choose to delay activation until it’s absolutely necessary.
Our Leeds solicitors will help you decide which option best fits your circumstances.
What Does an LPA Let Your Attorneys Do?
Each type of LPA gives different powers:
Property and Financial Affairs LPA
Your attorney(s) can:
- Manage your bank and savings accounts
- Pay bills or deal with investments
- Buy or sell property, including your home in Leeds
- Liaise with utility companies or HMRC on your behalf
Health and Welfare LPA
Your attorney(s) can:
- Make decisions about medical treatment, including life-sustaining care
- Decide where you live, such as moving into a care home
- Manage your daily routine, including diet and personal care
You can include personal preferences and instructions, so that your attorneys always act in line with your wishes.
Can You Still Make Decisions After Creating an LPA?
Absolutely. Making an LPA doesn’t mean giving up control.
While you have mental capacity, you make every decision yourself.
You can also change or cancel (revoke) your LPA at any time, as long as you have capacity to do so. Our team can help you update or revoke an existing LPA if your circumstances change.
Is a Health and Welfare LPA Really Necessary?
Yes. If you want to choose who makes decisions about your health and care should you lose capacity. Without an LPA, medical or social care professionals will decide, and they don’t have to consult your family.
A Health and Welfare LPA ensures that your voice is heard and your preferences are followed.
We recently used Winston Solicitors for Lasting Power of Attorney (LPA's). Emily was very helpful, professional and explained the whole process to us. She was always quick to respond to our emails. I highly recommend Emily and Winston Solicitors
Mr & Mrs Bellwood, Leeds
Knowing when your LPA takes effect means peace of mind for you and your loved ones.
Let our Leeds LPA specialists explain every step, simply, clearly, and with care.
Get clear advice on your LPA or call 0113 320 5000 to speak to our friendly team today.
A Lasting Power of Attorney comes into effect after it’s registered with the Office of the Public Guardian (OPG). For Property and Financial Affairs LPAs, you can choose whether it starts immediately or only if you lose capacity. For Health and Welfare LPAs, it starts only if you lose capacity.
It means you’re no longer able to understand or make certain decisions for yourself, often due to illness or condition such as dementia or stroke, or injury such as brain trauma. Your attorneys can then act on your behalf, always in your best interests.
Yes. While you have mental capacity, you stay in full control of all your decisions. Your attorneys can only act when you want them to, or if you lose capacity in the future.
You decide. It can start as soon as it’s registered, or only if you lose capacity later on. Many people choose the first option so attorneys can help with practical tasks, like paying bills or dealing with banks, even if they’re temporarily unwell or unable to for some other reason.
This type of LPA only takes effect if you lose mental capacity. Your attorneys can then make decisions about medical treatment, care homes, and daily routines based on your wishes.
If your LPA has been registered and you’ve chosen to activate it, your attorneys can start using it by showing the registered document to banks, care providers, or medical professionals. Winston Solicitors can guide you through each step.
Yes, as long as you still have mental capacity, you can revoke or update your LPA at any time. Our Leeds solicitors can help you make changes or create a new version that reflects your current wishes.
Yes, if you want to make sure someone you trust is named as your attorney to manage your affairs if you can’t. Without one, the Court of Protection may need to appoint a deputy instead — a process that’s slower, more expensive, and gives you less control. It could even be someone you don’t know, like a local authority or court-appointed lawyer.
