Contents
A Lasting Power of Attorney (LPA) lets you choose someone you trust to make decisions on your behalf if you become unable to make them yourself. It's one of the most important documents you can have.
The Two Types of LPA
1. Property and Financial Affairs LPA
Allows your attorney to manage:
- Bank accounts and savings
- Paying bills and debts
- Collecting income and benefits
- Selling or managing property
- Investments and pensions
- Tax affairs
Key feature: Can be used while you still have mental capacity (with your permission) or after you lose capacity.
2. Health and Welfare LPA
Allows your attorney to make decisions about:
- Medical treatment
- Where you live
- Care and support services
- Daily routine (diet, dress, activities)
- Life-sustaining treatment (if you specify)
Key feature: Can ONLY be used after you lose mental capacity.
Do You Need Both?
Most people benefit from having both types. They cover different decisions and having both gives your attorneys complete authority to help you.
Choosing Your Attorney
Who Can Be an Attorney?
- Anyone over 18
- Has mental capacity themselves
- Not bankrupt (for Property & Financial LPA)
Common Choices
- Spouse or civil partner
- Adult children
- Other family members
- Close friends
- Professional attorneys (solicitors, accountants)
What to Consider
- Trustworthiness: This person will have significant power
- Availability: Will they be able to help when needed?
- Location: Proximity can make things easier
- Age: Will they still be capable when you need them?
- Skills: Financial ability for Property LPA
- Relationship: Do they understand your wishes?
How Many Attorneys?
You can appoint:
- One attorney
- Multiple attorneys acting "jointly" (must agree on everything)
- Multiple attorneys acting "jointly and severally" (can act alone or together)
- A mix of both for different decisions
Recommendation: "Jointly and severally" gives most flexibility. If one attorney is unavailable, others can still act.
Step-by-Step Process
Step 1: Decide on Your LPA Type(s)
Property & Financial, Health & Welfare, or both.
Step 2: Choose Your Attorney(s)
Discuss with them first - they must agree to act.
Step 3: Choose a Replacement Attorney
Optional but recommended. Steps in if original attorney can't act.
Step 4: Consider Restrictions or Conditions
You can limit what attorneys can do. For example:
- "My attorney cannot sell my home without consulting my children"
- "My attorney must consult Dr Smith about medical decisions"
Step 5: Complete the LPA Form
Use the official form from gov.uk or work with a professional. The form has sections for:
- Your details (the "donor")
- Attorney details
- How attorneys should act
- Restrictions and conditions
- Preferences and instructions
- Who to notify when LPA is registered
Step 6: Sign and Date (Section 9)
You (the donor) sign first, in front of a witness.
Step 7: Get a Certificate Provider (Section 10)
See below for details.
Step 8: Attorneys Sign (Section 11)
Each attorney signs in front of a witness.
Step 9: Register the LPA
Submit to the Office of the Public Guardian with the fee.
The Certificate Provider
Every LPA needs a "certificate provider" - an independent person who confirms you understand the LPA and aren't being pressured.
Who Can Be a Certificate Provider?
Option 1: Someone who's known you personally for at least 2 years
- Not a family member
- Not an attorney or replacement attorney
- Aged 18 or over
Option 2: A professional
- Solicitor or barrister
- Doctor
- Registered nurse
- Social worker
- Independent Mental Capacity Advocate
Registering Your LPA
Your LPA must be registered with the Office of the Public Guardian before it can be used.
How to Register
- Online: Through the gov.uk LPA service
- By post: Send the completed form to OPG
Registration Time
Currently 8-10 weeks on average, though it can take longer.
After Registration
You'll receive the registered LPA with an official stamp. Keep it safe - your attorneys will need to show it to banks, doctors, etc.
Costs Involved
| Cost Element | Amount |
|---|---|
| OPG registration fee (per LPA) | £82 |
| Both LPAs registration | £164 |
| Professional help (per LPA) | £150 - £500 |
| Reduced fee (low income/benefits) | £0 - £41 |
Frequently Asked Questions
Can I make an LPA for my elderly parent?
No. Only the person themselves (the donor) can make an LPA, and they must have mental capacity to do so. If your parent has already lost capacity, you'll need to apply for deputyship through the Court of Protection.
What if I change my mind?
You can cancel (revoke) your LPA at any time while you have mental capacity. You'll need to notify the OPG and your attorneys.
Can my attorney be paid?
Attorneys can claim reasonable expenses. Professional attorneys can charge fees. Family members usually act for free.
What's the difference between LPA and EPA?
Enduring Power of Attorney (EPA) was replaced by LPA in 2007. EPAs made before October 2007 are still valid but only cover financial matters, not health.
Do I need a solicitor?
No, but professional help reduces the risk of errors. Around 15-20% of DIY applications are rejected.