Lasting Power of Attorney

A Complete Guide to Lasting Power of Attorney (LPA)

Lasting Power of Attorney (LPA) documents allow you to appoint someone you trust to make important decisions on your behalf if you become unable to do so. They’re essential for protecting your finances, health, and wellbeing should you lose mental capacity or need help managing your affairs.

This guide explains everything you need to know about LPAs - from how they work and who can act as an attorney, to the legal requirements, registration process, and costs involved.

CONTENTS

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals - known as attorneys - to make decisions on your behalf if you lose mental capacity or want help managing your affairs. The person creating the document is called the donor.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Once registered, it gives your chosen attorneys the legal authority to act on your behalf in specific areas of your life - such as your finances, property, health, or personal welfare.

LPAs were introduced under the Mental Capacity Act 2005, modernising the previous Enduring Power of Attorney system. They ensure that decisions about your wellbeing and assets are made by someone you trust, rather than by the courts or local authorities.

Having an LPA in place provides reassurance and control - it protects your interests, reduces the risk of family disputes and ensures your wishes are respected if you’re ever unable to make decisions yourself.

Do You Need a Lasting Power of Attorney?

Many people assume LPAs are only necessary later in life, but they can protect anyone who wants to plan ahead. Having one ensures that if you ever lose capacity, the right people can make decisions on your behalf - without legal delays or uncertainty.

Without an LPA:

• Family may need to apply to the Court of Protection (costly, slow, stressful).
• Your finances could be frozen if you lose capacity.
• Health and welfare decisions may fall to professionals instead of loved ones.

With an LPA:

• Your wishes are respected.
• Attorneys can act quickly and lawfully.
• Family members are spared complex court applications.

Types of Lasting Power of Attorney

There are two types of LPA under UK law:

• Property and Financial Affairs LPA
  Lets attorneys manage money, bills, bank accounts, investments, property, and financial decisions.
• Health and Welfare LPA
  Covers medical care, living arrangements, daily routines, and life-sustaining treatment decisions.

Many people set up both for full protection.

Who Can Be an Attorney?

When choosing your attorney, it’s important to consider someone you fully trust to act in your best interests.

Below are the key eligibility criteria and qualities to look for:

• Must be over 18 and have mental capacity.
• Often a spouse, partner, adult child, or close friend.
• Can also be a professional (e.g. solicitor).
• You can appoint replacement attorneys in case your first choice cannot act.

How to Create a Lasting Power of Attorney

Setting up an LPA involves completing the necessary forms, confirming your capacity, and registering the document with the Office of the Public Guardian (OPG).

You can complete the process independently, through a solicitor, or using an approved online tool - the steps remain the same.

Here’s an outline of the process:

1. Complete the official LPA forms (online or paper).
2. Choose your attorneys and specify their powers.
3. Have the form signed by you, your attorneys, and a certificate provider.
4. Register the LPA with the Office of the Public Guardian.
5. Once registered, the LPA can be used when required.

Legal Requirements for an LPA

To be legally valid, an LPA must meet specific formalities set out by the Mental Capacity Act.

Here are the key legal requirements:

• Must be made by someone aged 18+ with mental capacity.
• Must be signed and witnessed correctly.
• Must be registered with the OPG before use.
• Attorneys must always act in the donor’s best interests.

These requirements ensure the document accurately reflects your wishes and protects you from potential misuse.

Create a professional Lasting Power of Attorney — with Robot Lawyer.

Start the questionnaire to generate your document

How Much Does It Cost to Create an LPA?

The total cost of creating an LPA depends on whether you use a solicitor, a professional service, or an online tool.

Below is a breakdown of typical options and associated fees:

• Government Fee
  £82 per LPA (so £164 for both types). Fee reductions available for those on low income.
• Solicitor Drafted
  £300-£800 per LPA.
• Online Platforms
  £50-£150 for solicitor-verified templates, in addition to the OPG registration fee.

Lasting Power of Attorney Template (Example)

Robot Lawyer provides a solicitor-verified LPA template that ensures your document is legally valid and compliant with the Mental Capacity Act 2005. It includes all the required sections and guidance, tailored to your personal circumstances.

Unlike generic downloads, Robot Lawyer’s LPA template is reviewed by professionals and kept up to date with current law, giving you confidence that your wishes will be respected.

Lasting Power of Attorney FAQs

What’s the difference between an LPA and an Enduring Power of Attorney (EPA)?
EPAs were replaced by LPAs in 2007. Existing EPAs are still valid but new ones cannot be made.

Do I need both types of LPA?
It depends. Many people make both, so attorneys can deal with finances and health/welfare matters. If you only want one area covered, you can choose just one.

Can I still make decisions after making an LPA?
Yes. As long as you have mental capacity, you stay in control. Attorneys step in only when you can’t, or when you choose to let them.

Can an LPA be challenged?
Yes, if someone believes it was made under pressure or without proper understanding. The OPG or Court of Protection can investigate.

How long does it take to register an LPA?
Usually 8-10 weeks with the Office of the Public Guardian, assuming no objections.

Are electronic signatures valid for LPAs?
No. LPAs must still be signed on paper by the donor, attorneys, and witnesses.

Why use Robot Lawyer’s LPA template?
It is solicitor-verified, easy to complete, and ensures full compliance with UK law at a fraction of the cost of traditional routes.

Get Started with Your LPA

Need to make a Lasting Power of Attorney? Robot Lawyer makes it fast and affordable to generate solicitor-verified LPAs.

How it works:

1. Select Create Document ➝

2. Answer a few quick questions about your circumstances.

3. Instantly receive a solicitor-verified LPA template.

4. Register it with the Office of the Public Guardian.

Lasting Power of Attorney

Start the questionnaire to generate your document