Lasting Power of Attorney Guide
Your comprehensive guide to setting up an LPA in the UK. Protect your future by understanding the types, process, and registration requirements.
Your Step-by-Step LPA Roadmap
Creating a Lasting Power of Attorney is one of the most important steps you can take to protect your future. Follow this structured roadmap to ensure your LPA is legally valid and reflects your wishes.
The LPA Creation Process
Five essential phases to setting up a valid Lasting Power of Attorney
Decide on the Type of LPA
Choose between a ‘Property and Financial Affairs’ LPA, a ‘Health and Welfare’ LPA, or both. They are separate legal documents and must be created and registered individually.
Choose Your Attorney(s)
Select one or more trusted individuals (aged 18 or over) to act on your behalf. You can appoint them to act ‘jointly’ (must agree on all decisions) or ‘jointly and severally’ (can make decisions independently).
Select a Certificate Provider
An independent person (known to you for at least 2 years or a relevant professional like a GP or solicitor) must sign the form to confirm you understand the LPA and are not under pressure to make it.
Complete the Official Forms
Fill out the Office of the Public Guardian (OPG) forms. This can be done online via the government portal (which is cheaper and guides you through the process) or via paper forms.
Register with the OPG
The LPA must be registered with the Office of the Public Guardian before it can be used. This involves paying a registration fee and waiting for the OPG to process and validate the document.
LPA Pre-Application Checklist
Ensure these boxes are ticked before starting your application
Understanding LPA Types
A clear comparison of the two distinct types of Lasting Power of Attorney available in England and Wales.
| LPA Type | When It Can Be Used | Key Decisions Covered |
|---|---|---|
| Property & Financial Affairs | Can be used as soon as it is registered (with your permission), or after you lose mental capacity. | Managing bank accounts, paying bills, collecting benefits, buying or selling property, and managing investments. |
| Health & Welfare | Can only be used once you have officially lost the mental capacity to make your own decisions. | Daily routine (washing, dressing, eating), medical care, moving into a care home, and life-sustaining treatment. |
Lasting Power of Attorney FAQ
Answers to the most frequently asked questions about setting up and registering an LPA in the UK.
A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more people (your ‘attorneys’) to help you make decisions or to make decisions on your behalf if you lose mental capacity in the future.
A ‘Property and Financial Affairs’ LPA covers decisions about money, bills, and property, and can be used while you still have mental capacity (with your permission). A ‘Health and Welfare’ LPA covers medical care, daily routine, and life-sustaining treatment, and can only be used once you have lost mental capacity.
The Office of the Public Guardian (OPG) typically takes up to 20 weeks to register an LPA, provided there are no mistakes in the application and no objections are raised. It is highly recommended to set up an LPA well before you anticipate needing it.
If you lose mental capacity without an LPA, your family or friends cannot automatically make decisions for you. They would need to apply to the Court of Protection to be appointed as a ‘deputy’, which is a significantly more expensive, complex, and time-consuming process.