Lasting Power of Attorney

Lasting Power of Attorney (LPA) Guide, Forms & How to Create Yours

A Lasting Power of Attorney (LPA) is a legal document used in England and Wales that allows you to appoint someone you trust to make important decisions on your behalf if you lose mental capacity or want help managing your affairs. There are two types of LPA - Property and Financial Affairs and Health and Welfare - which together protect both your assets and personal wellbeing.

This guide explains how LPAs work, who can act as an attorney, the legal requirements under the Mental Capacity Act 2005, the registration process with the Office of the Public Guardian (OPG) and the typical costs involved.

Scotland and Northern Ireland use different Power of Attorney documents, so this guide applies specifically to England and Wales.

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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 support managing your affairs. The person creating an LPA is known as 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 attorneys legal authority to act in specific areas of your life - such as your finances, property, health or personal welfare.

LPAs were introduced under the Mental Capacity Act 2005, replacing the previous Enduring Power of Attorney system. They ensure that important 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 clarity and protection, reducing the risk of family disputes and ensuring your wishes are respected if you ever lose the ability to make decisions yourself.

LPAs are specific to England and Wales. Scotland uses Continuing and Welfare Powers of Attorney and Northern Ireland uses its own system.

Why You Might 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

Under the Mental Capacity Act 2005, there are two types of LPA in England and Wales.

For full coverage, you will usually need to set up both:

1. Property and Financial Affairs LPA

Allows your attorney to manage:

- Money, bills and bank accounts
- Pensions and investments
- Property and financial decisions
- Selling your home (if needed)

2. Health and Welfare LPA

Covers decisions related to:

- Medical treatment
- Daily care and living arrangements
- Life-sustaining treatment
- Moving into a care home

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.

You may choose the same person or different people for each LPA (Property & Financial Affairs and Health & Welfare). The eligibility requirements are the same for both.

How to Create a Lasting Power of Attorney

Setting up a Lasting Power of Attorney involves completing the correct forms, confirming you have mental capacity at the time of signing and registering the document with the Office of the Public Guardian (OPG).

You can complete the process independently, through a solicitor or using an online service - but the legal steps are the same because LPAs must follow the official OPG form structure.

Here’s an outline of the process:

• Complete the official LPA forms (online or paper).
• Choose your attorneys and set out how they should act:
  (Jointly, jointly and severally, or a mix).
• Have the forms signed by you (the donor), your attorneys and a certificate provider who confirms you understand what you’re signing.
• Submit the LPA to the Office of the Public Guardian for registration.
• Once registered, the LPA becomes legally valid and can be used when required.

Legal Requirements for an LPA

To be legally valid, a Lasting Power of Attorney must meet the formalities set out in the Mental Capacity Act 2005.

Here are the key legal requirements:

• The donor must be aged 18 or over and have mental capacity when the LPA is made.
• The forms must be signed in the correct order by the donor, attorneys and a certificate provider who confirms the donor understands the LPA and is not under pressure.
• Signatures must be witnessed properly by an independent adult.
• The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
• Attorneys must follow the five principles of the Mental Capacity Act and always act in the donor’s best interests.

These requirements ensure the LPA is legally valid, accurately reflects your wishes and protects you from potential misuse.

How Much Does It Cost to Create an LPA?

The cost of creating a Lasting Power of Attorney depends on whether you complete it yourself, use an online platform or instruct a solicitor.

Below is a breakdown of typical options and associated fees:

Government Fee (OPG Registration) - £82 per LPA

• £82 for each LPA (Property & Financial Affairs and Health & Welfare)
• £164 total if you register both
• Fee reductions and exemptions available for low-income applicants

Solicitor Fees - £300–£800 per LPA

Typical when a solicitor handles:

• Drafting
• Guidance on signing and witnesses
• Submitting the LPA to the OPG
• Costs may be higher for more complex financial or family situations

Online Platforms - £50–£150 per LPA (plus the OPG fee)

• Guided questionnaires or solicitor-verified templates
• Options for both LPA types
• You still pay the £82 OPG fee separately

Lasting Power of Attorney (LPA) Template Example

The example below provides a simplified overview of how a Lasting Power of Attorney is typically structured and the key information it contains. It is for illustration only - the official LPA must be completed on the correct forms and registered with the Office of the Public Guardian (OPG) before it can be used.

This Lasting Power of Attorney is made on [date] by [Donor’s Full Name] of [Address] (“the Donor”).

The Donor appoints [Attorney’s Full Name] of [Address] (“the Attorney”) to make decisions on the Donor’s behalf in relation to:

"Property and Financial Affairs, and/or"
"Health and Welfare, as specified in this LPA."

The Attorney agrees to act in the Donor’s best interests and in accordance with the principles of the Mental Capacity Act 2005.

Signed by the Donor, Attorney and the Certificate Provider:

Donor:
___________________

Attorney:
___________________

Certificate Provider:
___________________

Robot Lawyer provides a solicitor-verified Lasting Power of Attorney service that guides you through creating a complete and legally compliant LPA. It covers both LPA types - Property & Financial Affairs and Health & Welfare - ensuring the correct structure, signing order and legal wording are included.

Unlike generic downloads, our process is kept fully up to date with UK legal requirements and helps you avoid common mistakes that lead to OPG delays or rejections.

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Lasting Power of Attorney FAQs

Are LPAs valid in Scotland or Northern Ireland?

No. LPAs only apply in England and Wales. Scotland uses Continuing Powers of Attorney (CPA) and Welfare Powers of Attorney (WPA), and Northern Ireland uses a separate system. If you need authority in these regions, you must complete the relevant local forms.

Who can be a certificate provider for an LPA?

A certificate provider must be someone who can confirm you understand the LPA and are not under pressure. They can be a professional (such as a solicitor, doctor or social worker) or someone who has known you personally for at least two years.

Who can witness an LPA?

Witnesses must be over 18 and independent. They cannot be your attorney, replacement attorney or certificate provider. Each signature requires a witness.

Are electronic signatures valid for LPAs?

No. LPAs must still be signed on paper by the donor, attorneys, witnesses and the certificate provider. The OPG does not currently accept digital signatures.

Can an LPA be cancelled or changed?

Yes. You can revoke an LPA at any time while you still have mental capacity. You can also update it by making a new LPA and telling the OPG to cancel the previous one.

What happens if my attorney can no longer act?

If an attorney dies, loses capacity or chooses to step down, your replacement attorneys can step in - if named. If no replacements are appointed, you may need a new LPA.

Can an LPA be challenged?

Yes. Concerns about pressure, fraud or lack of understanding can be raised with the Office of the Public Guardian (OPG) or the Court of Protection. They can investigate and suspend or reject an LPA if needed.

How much does it cost to register an LPA?

The Office of the Public Guardian (OPG) charges £82 per LPA, or £164 for both types. Fee reductions are available for people on low income or certain benefits.

Do I need a solicitor to make an LPA?

No. You can complete an LPA yourself or use a verified online service. A solicitor may be helpful for complex family or financial situations but is not required for most people.

How long does it take to register an LPA?

Registration usually takes 8–10 weeks, although delays are common if forms are completed incorrectly or if objections are raised.

Can LPAs be used overseas?

LPAs are created under the law of England and Wales. They may be recognised abroad in limited situations, but foreign institutions usually require a local Power of Attorney document.

What happens if I don’t have an LPA?

If you lose capacity without an LPA, loved ones must apply to the Court of Protection for a deputyship - a process that is slower, more expensive and more restrictive.

Can I still make decisions after making an LPA?

Yes. You remain fully in control for as long as you have mental capacity. Attorneys can only act when you lose capacity or if you give them permission to help sooner (for Property & Financial Affairs LPAs only).

Do I need both types of LPA?

It depends on your needs. Many people choose to make both so attorneys can manage financial matters as well as health and welfare decisions. If you only want authority in one of these areas, you can set up a single LPA.

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

EPAs were replaced by LPAs in 2007. Existing EPAs made before that date are still valid, but no new EPAs can be created. LPAs offer clearer safeguards and cover both financial and health decisions.

Why use Robot Lawyer’s LPA service?

Our solicitor-verified LPA process ensures your document is structured correctly, fully compliant with UK law and free from common errors that can delay or invalidate registration - all at a far lower cost than traditional routes.

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