Lasting Power of Attorney: A Simple Guide

A lasting power of attorney (LPA) lets you choose people you trust to make decisions for you if you can no longer make them yourself. It has to be made while you still have mental capacity and registered before it can be used, so it is worth doing early.

Applies in England and Wales. General information, not legal advice — talk to a lawyer about your situation.

Who should read this

Anyone planning ahead for illness, accident or old age.
Family members helping a relative put their affairs in order.
Anyone asked to be an attorney.

What the law says

LPAs are made under the Mental Capacity Act 2005. You (the “donor”) must be 18 or over and have mental capacity when you make one.
There are two types: one for property and financial affairs, and one for health and welfare. You can make either or both.
An LPA must be made on the official forms or through the official online service, signed by you, by your attorneys and by a “certificate provider” who confirms you understand it and are not being pressured.
An LPA cannot be used until it has been registered with the Office of the Public Guardian (OPG).
A health and welfare LPA can only be used once you have lost capacity. A property and financial affairs LPA can be used earlier, with your permission.
Enduring powers of attorney made before 1 October 2007 can still be valid, but new ones can no longer be made.

Steps

Choose your attorneys — Pick one or more people you trust, and decide whether they must act together or can act separately.
Complete the forms — Use the official online service on GOV.UK or the paper forms, one for each type of LPA.
Sign in the right order — You sign first, then the certificate provider, then the attorneys. Signing in the wrong order is a common reason for rejection.
Register with the OPG — Send the LPA to the Office of the Public Guardian with the fee. Registration takes some weeks, so do not wait until it is needed.

Documents you'll need

Names, addresses and dates of birth of your attorneys.
Details of your certificate provider.
Details of anyone you want to be told about the application.

Fees

There is a registration fee for each LPA. Check the current fee on GOV.UK.
You may pay a reduced fee or nothing if you are on a low income or certain benefits.
A solicitor will charge separately if you use one to prepare the LPA.

Timeline

Completing the forms can be done in a day. Registration with the OPG then takes several weeks, including a statutory waiting period.

Common mistakes

Leaving it until capacity has been lost — by then it is too late to make an LPA.
Signing the sections in the wrong order.
Choosing a certificate provider who is not allowed to act, such as a family member.
Making an LPA but never registering it.

Questions

What happens if there is no LPA?: If someone loses capacity without an LPA, a relative or friend usually has to apply to the Court of Protection to be appointed as a deputy, which is slower and more expensive.
Can I make an LPA myself?: Yes. The official forms and online service are designed to be used without a lawyer. Many people still take advice where their affairs are complicated or the family is not in agreement.
Can I cancel an LPA?: Yes, at any time while you still have mental capacity, by a formal written statement called a deed of revocation, and by telling the OPG.

When to consult a lawyer

You own a business, property abroad or complex investments.
Family members disagree about who should act.
There is doubt about mental capacity.

General information about the law in England and Wales, not legal advice. Find a lawyer for advice on your situation.