The two types of LPA, how to make and register one with the OPG (£92 per LPA), choosing an attorney, safeguards, and what happens without one.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 18 min.
Enduring Powers of Attorney (EPAs) were the predecessor to LPAs, available before October 2007. EPAs made before that date are still valid, but no new EPAs can be created. If you have an old EPA, it is worth reviewing whether an LPA would better suit your current circumstances.
No. An attorney cannot make, alter, or revoke a will on behalf of the donor. This is one of the few things that cannot be done under an LPA. Only the Court of Protection can authorise a statutory will if the donor lacks capacity.
Your family may need to apply to the Court of Protection for a deputyship order. GOV.UK currently lists a £432 deputyship application fee, a £266 hearing fee if the court lists one, a £100 new-deputy assessment fee, and annual supervision fees of £320 for general supervision or £35 for minimal supervision. A deputy is also subject to ongoing supervision and annual reporting.
Yes. You can appoint multiple attorneys and specify whether they must act jointly (all decisions require unanimous agreement) or jointly and severally (each attorney can act independently). You can also appoint replacement attorneys to step in if a primary attorney is unable to continue.
No. An LPA covers decisions about your own affairs — your finances, property, health, and welfare. Decisions about children are governed by parental responsibility, not an LPA. If you want to make arrangements for your children's care if you lose capacity, you should consider a will (which can appoint guardians) and discuss the matter with a solicitor.
Completing the forms takes a few hours. Once submitted, the OPG takes 8 to 10 weeks to register the LPA if there are no errors. The total process from starting the forms to receiving the registered document is typically two to three months.