Lasting Power of Attorney Guide | Everything You Need to Know (2026)
A Lasting Power of Attorney (LPA) lets you choose who will make important decisions on your behalf if you ever lose the mental capacity to make them yourself. It is not just for the elderly. Anyone over 18 should consider one. This guide explains the two types, how to set them up, and the most common mistakes people make.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you (the "donor") appoint one or more people (your "attorneys") to make decisions on your behalf. It only applies if you lose mental capacity, for example due to dementia, a stroke, a brain injury, or a serious accident.
LPAs were introduced by the Mental Capacity Act 2005 and replaced the older Enduring Power of Attorney (EPA). They are registered with and overseen by the Office of the Public Guardian (OPG).
Without an LPA, if you lose capacity, your family would need to apply to the Court of Protection for a Deputyship order, a process that is slower, more expensive, and gives the court ongoing control over your affairs.
The two types of LPA
Property & Financial Affairs (LP1F)
Covers decisions about your money, property, bills, investments, and benefits. This includes:
- ✓Managing bank accounts and paying bills
- ✓Selling or renting out your property
- ✓Managing investments and pensions
- ✓Claiming benefits on your behalf
Can be used while you still have capacity (with your consent) or only after you lose it.
Health & Welfare (LP1H)
Covers decisions about your medical treatment, care, and daily life. This includes:
- ✓Where you live and who cares for you
- ✓Medical treatment decisions
- ✓Life-sustaining treatment (if you choose to grant this authority)
- ✓Diet, dress, and daily routine
Can only be used when you lack capacity to make the specific decision in question.
Most people make both types. They are separate documents, each with their own registration fee, and you can appoint different attorneys for each.
Who needs an LPA?
The short answer: everyone over 18. Mental capacity can be lost at any age through accidents, illness, or neurological conditions. An LPA is not a document for "old people"; it is insurance for anyone who wants to stay in control of who makes decisions for them.
You should particularly consider an LPA if:
- ✓You are over 50 and want to plan ahead
- ✓You have a family history of dementia or cognitive decline
- ✓You own property or have significant savings
- ✓You are a business owner and need someone to manage the business if you cannot
- ✓You have strong views about medical treatment or end-of-life care
- ✓You are a young adult heading to university or travelling; accidents happen at any age
How to set up a Lasting Power of Attorney
Choose your attorneys
Your attorney must be aged 18 or over and must have mental capacity themselves. For a Property & Financial Affairs LPA, they must not be bankrupt. Choose someone you trust completely: a spouse, adult child, close friend, or professional (such as a solicitor). You can appoint more than one attorney and decide whether they must act jointly (together) or jointly and severally (independently).
Appoint replacement attorneys
A replacement attorney steps in if your original attorney is unable or unwilling to act. For example, if they die, become incapacitated themselves, or resign. Without a replacement, you may be left without anyone authorised to act, and your family would need to apply for Deputyship.
Find a certificate provider
A certificate provider is an independent person who confirms that you understand the LPA and are not being pressured into making it. They must have known you personally for at least two years, or be a professional (e.g. a doctor, solicitor, or social worker). They cannot be one of your attorneys or a family member.
Add preferences and instructions
You can add preferences (guidance your attorneys should follow but are not strictly bound by) and instructions (binding restrictions on your attorneys' powers). For example, you might instruct that your attorneys must not sell your home without consulting your children, or express a preference for a particular care home.
Sign, witness, and certify
The LPA must be signed by you, your attorneys, and your certificate provider, each in the presence of an independent witness. The signing order matters: you sign first, then the certificate provider, then the attorneys. Our guidance pack includes a step-by-step signing checklist.
Register with the OPG
Once signed, you submit the LPA to the Office of the Public Guardian for registration. You can do this online at gov.uk or by post. The current registration fee is £82 per LPA (so £164 for both types). Registration typically takes 8-10 weeks. An LPA cannot be used until it is registered.
Common mistakes to avoid
Not registering the LPA
An unregistered LPA is not valid and cannot be used. Many people complete the forms and then forget to submit them to the OPG. Register it as soon as it is signed. Do not wait until you need it, because by then it may be too late (you need mental capacity to register).
Choosing the wrong attorney
Your attorney will have significant power over your finances or health. Choose someone who is trustworthy, organised, and willing to act in your best interests, not just the most convenient person. Avoid appointing someone who lives abroad (practical issues), someone with a history of financial problems (for a financial LPA), or someone with whom you have a strained relationship.
Not appointing replacement attorneys
If your only attorney dies or becomes incapacitated, and you have no replacement named, the LPA fails. Your family would then need to apply for a Deputyship order, a far more expensive and time-consuming process. Always name at least one replacement.
Getting the signing order wrong
The OPG is strict about the order in which the LPA is signed. The donor signs first, then the certificate provider, then the attorneys. If this order is wrong, the OPG will reject the application and you will need to start again (and pay another registration fee).
LPA vs Deputyship: when it is too late for an LPA
You can only make an LPA while you have mental capacity. If someone has already lost capacity, for example because they have advanced dementia, it is too late for an LPA. In that case, the only option is to apply to the Court of Protection for a Deputyship order.
| Feature | LPA | Deputyship |
|---|---|---|
| When to apply | While you have mental capacity | After someone has lost capacity |
| Who decides? | You choose your attorneys | The court appoints a deputy |
| Cost | £82 per LPA (registration fee) | £371 application fee + annual supervision fees + potential solicitor costs |
| Timeframe | 8-10 weeks to register | 4-6 months (or longer) |
| Ongoing oversight | Minimal | Annual reports to the OPG; court supervision |
The message is clear: making an LPA now, while you can, is far simpler and cheaper than the alternative.
Frequently asked questions
How much does it cost to set up a Lasting Power of Attorney?+
The OPG registration fee is currently £82 per LPA (so £164 if you register both types). If you are on certain means-tested benefits, the fee may be reduced or waived. Our LPA Guidance Pack costs £25 and walks you through the entire process step by step. If you use a solicitor, expect to pay £300-£600 per LPA on top of the registration fee.
Can I make an LPA online?+
Yes. The Office of the Public Guardian provides an online service at gov.uk to create and register your LPA. You fill in the official forms, get them signed and witnessed, and submit them (with the registration fee) to the OPG. Our guidance pack explains each step and helps you make the right decisions before you start the official forms.
What is the difference between an LPA and an EPA?+
An Enduring Power of Attorney (EPA) is an older form that only covers property and financial affairs. EPAs created before 1 October 2007 are still valid, but no new EPAs can be made. They have been replaced by Lasting Powers of Attorney, which cover both financial and health/welfare decisions and have stronger safeguards.
Can my attorney make decisions before I lose capacity?+
It depends on the type. A Property & Financial Affairs LPA can be used as soon as it is registered, even while you still have capacity, if you consent to this. A Health & Welfare LPA can only be used when you lack the capacity to make the specific decision in question.
What happens if I do not have an LPA and I lose capacity?+
If you lose mental capacity without an LPA in place, your family will need to apply to the Court of Protection for a Deputyship order. This is significantly more expensive (application fee alone is £371), takes much longer (often 4-6 months), requires annual reporting to the OPG, and gives the court ongoing supervision. An LPA is simpler, cheaper, and keeps you in control of who makes decisions.
Can I cancel or change my LPA?+
Yes, as long as you still have mental capacity. You can revoke (cancel) an LPA at any time by completing a 'deed of revocation' and notifying the OPG. If you want to change your attorneys or instructions, you will need to revoke the existing LPA and create a new one. You cannot amend a registered LPA.
Get our LPA Guidance Pack
Our plain-English guide walks you through both types of LPA step by step: choosing attorneys, finding a certificate provider, the signing ceremony, and OPG registration. You complete the official forms yourself and submit them directly to the OPG.
Self-help guide, not legal advice. WillSafe UK is a trading name of WSC Group Ltd. We are not solicitors and we do not provide legal advice. Our LPA Guidance Pack is an educational guide that explains the process of setting up a Lasting Power of Attorney in England & Wales. We do not submit LPA applications on your behalf. You complete the official OPG forms and register them yourself. For complex circumstances, please speak to a qualified solicitor. See our full disclaimer.