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🇬🇧 United Kingdom

Lasting Power of Attorney

Legal Authority for Health and Finance Decisions

Medium ~30 min LegalPower of AttorneyEstate Planning

/ What is this form?

A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more trusted people (your 'attorneys') to make decisions on your behalf. LPAs were introduced by the Mental Capacity Act 2005 and replaced the older Enduring Power of Attorney. They are registered with the Office of the Public Guardian (OPG) in England and Wales, which maintains a searchable register.

There are two distinct types of LPA. A Property and Financial Affairs LPA covers all financial decisions — bank accounts, investments, bills, property, and tax matters. This type can be used immediately upon registration (while you still have capacity) or restricted to use only when you lose capacity. A Health and Welfare LPA covers personal care decisions including medical treatment, where you live, and your daily routine. This type can only ever be used when you genuinely lack capacity to make the specific decision yourself.

Approximately 900,000 LPAs are registered annually in England and Wales, reflecting growing public awareness that planning for incapacity is as important as making a will. Without an LPA, a family member has no automatic right to manage a loved one's finances or make healthcare decisions — they must apply to the Court of Protection, an expensive and slow process.

/ Who needs this form?

  • Anyone who wants to plan for the possibility of losing mental capacity through age, illness, or accident
  • Older adults, particularly those with a family history of dementia or stroke
  • People with progressive conditions (MS, Parkinson's, early-stage dementia) who want control over their future decisions
  • Business owners who want a named person to manage business finances if they become incapacitated
  • Parents of adult children with learning disabilities who need to formalise decision-making authority

/ What you need before you start

Full name, address, and date of birth of the donor (you)
Names and addresses of your chosen attorney(s)
Name and contact details of your certificate provider (professional or close friend)
Names of any 'people to be told' (optional — people who should be informed before registration)
£82 fee per LPA (£164 if creating both types)
A witness for your signature who is 18+ and not your attorney

/ Step-by-step guide

1 Choose the Type(s) of LPA
Decide whether you need: (1) Property and Financial Affairs LPA — allows your attorney to manage bank accounts, pay bills, sell property, and handle finances. Can be used while you still have mental capacity (with your permission) or only if you lose it. (2) Health and Welfare LPA — allows decisions about medical treatment, care home placement, and daily living. Can only be used when you lack mental capacity. Most people create both.
2 Choose Your Attorney(s)
Your attorney must be 18+ and not bankrupt (for financial LPA). You can appoint multiple attorneys to act jointly (all must agree), jointly and severally (any can act alone), or jointly for some decisions and severally for others. Choose someone you trust completely — this is a significant legal authority. You can also appoint replacement attorneys in case your first choice cannot act.
3 Appoint a Certificate Provider
A certificate provider signs the LPA to confirm that you understand what you are signing and that you are not being pressured. The certificate provider must be either someone who has known you well for at least 2 years (but not a family member) or a professional (solicitor, GP, social worker). They sign Part B of the form.
4 Complete and Sign the LPA
Complete the form at gov.uk/power-of-attorney (online) or download the PDF. The signing order is strict and must be followed exactly: (1) You (the donor) sign first, in the presence of a witness. (2) Your certificate provider signs. (3) Your attorney(s) sign, each with a separate witness. All signatures must be wet (physical) signatures — digital signatures are not accepted.
5 Register with the Office of the Public Guardian
Send the signed LPA to the OPG with the £82 registration fee (per LPA). The OPG checks the form and registers it — this takes approximately 20 working days. The LPA cannot be used until it is registered. Notify any 'people to be told' (persons you named who should be informed of the LPA application) before registering.

/ Key fields explained

Field What to enter Common mistake
Attorney Instructions (Continuation Sheet) Any specific guidance for your attorneys, e.g. 'Consult my children before selling my house' or 'I prefer to remain at home rather than enter a care home if at all possible.' These are preferences, not binding restrictions unless placed in the 'Restrictions' section. Placing absolute restrictions in the instructions section instead of the restrictions section — instructions are advisory; legal restrictions must be in the correct section or they are unenforceable.
Life-Sustaining Treatment (Health LPA only) Decide whether to give your attorney authority to consent to or refuse life-sustaining treatment on your behalf. You must explicitly tick one option — Option A (give authority) or Option B (not give authority). There is no default. Leaving the life-sustaining treatment option blank — a Health and Welfare LPA with this section incomplete will be rejected by the OPG.
When Can the Financial LPA Be Used? Option A: attorneys can act as soon as it is registered (while you have capacity). Option B: attorneys can only act when you lack capacity. Most people choose Option A for flexibility. Choosing Option B and then becoming temporarily incapacitated through illness — under Option B, your attorney cannot step in during temporary incapacity unless you formally lack capacity.
Certificate Provider Name, address, and capacity of the certificate provider (professional or personal acquaintance who has known you 2+ years). They must state they know you personally and understand you are not being pressured. Asking a family member to be the certificate provider — family members are explicitly excluded from acting as certificate providers under LPA regulations.

/ Common mistakes to avoid

Signing in the wrong order — the form has a mandatory signing sequence (donor, then certificate provider, then attorney(s)). Any out-of-order signature invalidates the LPA and requires starting over.
Using a family member as the certificate provider — family members, business partners, and employees of care homes where the donor lives cannot be certificate providers.
Failing to register before losing mental capacity — an unregistered LPA cannot be used under any circumstances, even in a genuine emergency.
Appointing joint attorneys without considering the practical implications — if attorneys must act jointly, one attorney's death or incapacity means the LPA fails unless replacement attorneys were named.
Not telling your bank or GP that you have an LPA — organisations need to see the registered LPA to act on it. Keep certified copies accessible.

/ Frequently asked questions

What is the difference between an LPA and an Enduring Power of Attorney (EPA)?

EPAs were replaced by LPAs in 2007. No new EPAs can be created. Existing EPAs registered before 2007 remain valid. LPAs have stronger safeguards (certificate provider, OPG oversight) and cover health decisions in addition to financial matters.

Can I make an LPA if I already have early-stage dementia?

Yes, as long as you currently have mental capacity to understand and make the LPA. A GP or solicitor can provide a capacity assessment. It is vital to act quickly after a dementia diagnosis — once capacity is lost, an LPA cannot be created.

How much does it cost?

£82 per LPA to register with the OPG (£164 for both types). If you use a solicitor to draft the LPA, add £300-£600+ in professional fees. People on certain means-tested benefits may be eligible for a fee remission (free registration).

Can I cancel an LPA?

Yes. You can revoke an LPA at any time while you have mental capacity by sending a signed 'deed of revocation' to the OPG. The OPG will cancel the registration. You should also notify your attorney(s) and any organisations that had a copy of the LPA.