How to Make a Lasting Power of Attorney | ProbateHelp

A step-by-step guide to both types of LPA, the correct signing order, the £92 OPG registration fee, fee reductions, common mistakes that cause rejection, and what happens without one.

This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 20 min.

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Frequently asked questions

Can I make an LPA myself without a solicitor?

Yes. The OPG's free online service at lastingpowerofattorney.service.gov.uk guides you through every step. For a straightforward LPA with one attorney and no complex instructions, most people manage it without a solicitor. If your situation is complicated, such as multiple properties, a business, a blended family, or concerns about family conflict, a solicitor is worth considering.

How long does it take to register an LPA?

The OPG currently takes 8 to 10 weeks to register an LPA if there are no mistakes in the application. If the OPG finds a correctable error, it will write to you and give you 3 months to correct it. You can then reapply for a reduced fee of £46.

Can I make an LPA if I already have reduced mental capacity?

It depends on the degree of reduction. You must have mental capacity at the time of signing, meaning you understand what an LPA is, who your attorneys are, what powers you are giving them, and that you can revoke it while you still have capacity. An early dementia diagnosis does not automatically mean you lack capacity. A GP or specialist can assess capacity if there is any doubt.

Can I have more than one attorney?

Yes, and many people do. You can appoint attorneys to act jointly, jointly and severally, or jointly for some decisions and jointly and severally for others. Jointly and severally is often the most practical choice because decisions can still be made if one attorney is unavailable.

What is the difference between a property and financial affairs LPA and a health and welfare LPA?

A property and financial affairs LPA covers your bank accounts, investments, property, bills, and financial decisions. It can be used while you still have capacity if you choose. A health and welfare LPA covers medical treatment, care home decisions, and day-to-day welfare. It can only be used once you have lost capacity to make those decisions yourself.

Can I cancel or change my LPA after it has been registered?

Yes, provided you still have mental capacity. You can revoke an LPA at any time by signing a deed of revocation and notifying the OPG and your attorneys. You can also remove or replace an attorney, or make a new LPA entirely. Once you lose capacity, you cannot revoke an LPA, which is why choosing the right attorneys from the start matters.

Does my attorney need to live in the UK?

No. Your attorney can live anywhere in the world. However, if they manage UK property or finances from abroad, practical difficulties can arise. Banks and institutions may require them to attend in person for some transactions, so think through the practical implications before appointing someone who lives overseas.

What happens to my LPA when I die?

An LPA automatically ends when you die. After death, your attorneys have no authority to act. The estate then passes to your executors under your will, or to administrators under the intestacy rules if you have no will. This is why having both a will and an LPA matters: they cover different stages of life.

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