If you want someone to manage your crypto when you cannot make decisions, the useful document is usually a property and financial affairs lasting power of attorney (LPA), not a health and welfare LPA. In England and Wales, this type of LPA can cover decisions about money and property and can be used as soon as it is registered if you give permission.[1]
Crypto makes the practical side harder. An attorney may need to know that an exchange account, wallet, NFT or tokenised holding exists, but a recovery phrase or private key is a secret that can give control of assets.[3][7] It should not be copied into an LPA, attached to it, emailed to an attorney or handed to anyone who claims to be helping.
A safer approach is to treat the LPA and a separate digital-assets schedule as two different things:
- the LPA gives the attorney legal authority to act;
- the schedule helps the attorney find the right accounts and records; and
- a separately protected access process deals with credentials without placing them in the LPA.
This is general education for readers in the UK, not legal, probate, tax or financial advice. The official LPA guidance applies to England and Wales. Scotland and Northern Ireland have different arrangements.[1][3]
What a property and financial affairs LPA does
An LPA lets a donor appoint one or more attorneys to make decisions on their behalf. GOV.UK lists two types: health and welfare, and property and financial affairs. They are separate documents with different purposes.[1]
A property and financial affairs LPA can cover everyday financial administration such as bank accounts, bills, benefits and property. The OPG’s LP12 guide also gives examples including running savings accounts and making or selling investments.[3] That broad wording is relevant to a crypto owner, but it does not turn the LPA into a technical wallet manual.
The LPA must be registered with the Office of the Public Guardian before it can be used.[1] GOV.UK says registration normally takes 8 to 10 weeks if the application has no mistakes, and the application fee is £92 unless a reduction or exemption applies.[1] Those details can change, so check the current GOV.UK page before applying.
The donor can choose whether a property and financial affairs attorney may act as soon as the registered LPA is in place or only after the donor has lost capacity. The LP12 guide says this choice is made in the LPA process.[3]
What the 2025 Property Act changes, and what it does not
The Property (Digital Assets etc) Act 2025 came into force on 2 December 2025. Section 1 says that a thing, including something digital or electronic, is not prevented from being the object of personal property rights merely because it is neither a thing in possession nor a thing in action.[4]
The Law Commission describes this as removing uncertainty around a possible third category of personal property. Its account specifically discusses crypto-tokens and NFTs, while also stressing that the courts will develop the boundaries of the category over time.[5][6]
That matters when people think about crypto in an estate or under an authority to manage property. It does not mean that the Act creates an OPG-approved crypto schedule, changes the LP12 form into a wallet-access document or tells an attorney how to recover a lost wallet. It also does not remove the need to follow the terms of the LPA, the donor’s instructions, provider rules and any relevant legal process.
The sensible conclusion is modest: cryptoassets can be part of the property picture, but the authority to deal with them and the information needed to locate them are separate questions.
Why a separate digital-assets schedule helps
The word “schedule” here means a practical information record, not a new official form and not a substitute for legal drafting. A well-kept record can save an attorney from searching blindly through old emails, bank statements and devices. It can also be updated when an exchange, device or wallet changes without repeatedly rewriting the LPA.
A schedule might record:
| Record | What it helps establish | What it must not contain |
|---|---|---|
| Exchange or broker name | Where an account enquiry may begin | A password, one-time code or recovery phrase |
| Account identifier or email hint | Which account belongs to the donor | A full login secret or security answer |
| Wallet type and device location | Whether a hardware or software wallet may exist | A seed phrase, private key or signing secret |
| Public wallet address or transaction reference | Which public record or holding may be relevant | Any credential that can authorise a transfer |
| Asset and network notes | Which chain or provider terms may apply | A promise that the listed balance is current |
| Adviser, solicitor or trusted contact | Who can explain the donor’s arrangements | Permission for that person to take the assets |
| Date checked and source of the note | How reliable and current the lead is | Unverified guesses presented as ownership proof |
This kind of inventory follows the same discovery principle used in the site’s executor guide: record leads and evidence without turning the record into a way to guess credentials.[7] “Account with provider X, last statement saved in folder Y” is more useful than a long explanation of a particular token. Record dates and sources because an old wallet app or exchange name may no longer reflect the current position.
The schedule should point to evidence, not try to prove ownership. An exchange record may show an account relationship. A public address may show blockchain activity. Neither automatically proves who controls a self-custodied wallet or what its current balance is.
What must never go in the LPA or schedule
Do not put any of the following in the LPA itself:
- a seed phrase or recovery phrase;
- a private key or extended private key;
- a hardware-wallet PIN;
- an exchange password;
- an authenticator secret or one-time code; or
- an instruction asking someone to send those details by email or message.
A recovery phrase is a backup secret that may recreate wallet keys. A private key can authorise transactions. Anyone who obtains either may be able to move assets. The site’s existing wallet guide explains the distinction and the basic rule: an address may be shared for receiving, but a seed phrase and private key must not be shared.[7]
That remains true if the person asking is an attorney, relative, support agent or professional adviser. The LPA gives authority; it does not make a secret safe to disclose in an ordinary document.
Use an independent process for access planning. For example, the schedule can say that a sealed or digitally protected record exists, identify who should be contacted for professional advice, and describe the verification steps without revealing the secret itself. A solicitor can advise on whether that arrangement fits the donor’s circumstances.
What an attorney may need to do
An attorney’s first job is usually to understand the donor’s instructions and locate the relevant records, not to start moving crypto. The OPG and UK Regulators’ Network guidance says organisations should have clear processes for dealing with attorneys and should take the Mental Capacity Act 2005 framework into account.[2]
A practical sequence is:
- Confirm the authority. Check that the correct property and financial affairs LPA has been registered and that the attorney is acting within its terms.
- Read the donor’s preferences and instructions. The LP12 guide includes a section for these, but an instruction must still be lawful and workable.[3]
- Build an inventory from the schedule and records. Separate exchange accounts, self-custody wallets, NFTs and other digital holdings rather than treating “crypto” as one account.
- Contact providers through their official process. Use the provider’s current instructions and be prepared to show the registered LPA and identity documents. Do not use a search result, social-media account or unsolicited “recovery” contact as proof that someone is genuine.
- Keep an audit trail. Record dates, documents supplied, responses and decisions. Avoid making a transfer until the authority, destination and purpose have been checked.
- Take advice where the position is unclear. This is especially important where the LPA has restrictions, the donor’s capacity is disputed, the asset is jointly held, or a provider refuses the attorney’s request.
The attorney should not guess a password, try a recovery phrase, connect an unfamiliar device or send assets to a new wallet simply because a message says it is necessary. Those actions can create irreversible losses and may be outside the attorney’s authority.
LPA checklist for a crypto owner
Before signing or registering an LPA, consider asking a qualified adviser about:
- whether a property and financial affairs LPA is appropriate for the intended decisions;
- whether the LPA should contain preferences or instructions about digital assets;
- whether more than one attorney or a replacement attorney is suitable;
- how the separate digital-assets schedule will be updated and protected;
- how an attorney will prove authority to an exchange or other provider;
- how joint assets, tax records, staking arrangements or NFTs should be documented; and
- what happens if the donor lives or holds assets across UK jurisdictions.
Use the official GOV.UK and OPG forms and guidance as the starting point. The OPG guide says a lawyer is not required for every LPA, but legal advice may be sensible where the requirements are unusual or specific.[3] Crypto custody, multiple jurisdictions and detailed instructions can all make a situation specific.
The short answer
A property and financial affairs LPA can provide the legal authority an attorney may need to deal with a donor’s financial assets, including crypto-related accounts and records. A separate, carefully protected digital-assets schedule can make those assets easier to find.
Neither document should contain a seed phrase, private key, PIN, password or other secret that can move the assets. The 2025 Property (Digital Assets etc) Act helps confirm that digital things can be objects of personal property rights, but it is not a wallet-recovery plan and it is not a replacement for advice on the donor’s circumstances.[4][5]
Related guides
- What is a crypto wallet? Private key, public address and seed phrase explained
- Seed phrase, private key, public key or address? A safe UK beginner map
- Is blockchain private? Public, permissioned and personal data
- If I die with crypto, how can my executor find it?
Sources
[1] https://www.gov.uk/power-of-attorney — GOV.UK, “Make, register or end a lasting power of attorney: Overview”
[2] https://www.gov.uk/government/publications/supporting-customers-who-may-not-be-able-to-make-their-own-decisions/supporting-customers-who-may-not-be-able-to-make-their-own-decisions — Office of the Public Guardian and UK Regulators’ Network, “Supporting customers who may not be able to make their own decisions”
[3] https://assets.publishing.service.gov.uk/media/68a6ecb7960e2d135b4c8d0e/20250821-LP12-Make-and-register-your-lasting-power-of-attorney-a-guide.pdf — Office of the Public Guardian, “Make and register your LPA: a guide”
[4] https://www.legislation.gov.uk/ukpga/2025/29 — “Property (Digital Assets etc) Act 2025”
[5] https://lawcom.gov.uk/news/the-property-digital-assets-etc-act-2025-has-received-royal-assent — Law Commission, “The Property (Digital Assets etc) Act 2025 has received Royal Assent”
[6] https://lawcom.gov.uk/project/digital-assets — Law Commission, “Digital assets”
[7] https://thecoinexpert.co.uk/blog/what-is-a-crypto-wallet-private-key-address-seed-phrase/ — TheCoinExpert, “What Is a Crypto Wallet? Private Key, Public Address and Seed Phrase Explained”