Lasting Power of Attorney: A Complete Guide

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you — the "donor" — to appoint one or more people (your "attorneys") to make decisions on your behalf. The LPA system described here is governed by the Mental Capacity Act 2005 and applies in England and Wales.

An LPA is not just for older people. A stroke, a serious accident, or a sudden illness can affect anyone at any age. If you lose mental capacity without an LPA in place, no one — including your spouse or adult children — automatically gains authority to manage your finances or make decisions about your care. Our guides explain what happens without an LPA and the Court of Protection deputyship route.

You can make an LPA only while you have the mental capacity to do so. Consider it before authority is needed, because someone who lacks capacity to make an LPA cannot create one later.

The two types of LPA

There are two separate types of LPA, and they cover different areas of your life. You can make one or both.

You can make either type or both. The property and financial affairs LPA can allow an attorney to help manage finances, including while you have capacity if you permit it. The health and welfare LPA applies when you lack capacity to make the particular treatment or care decision.

You can appoint the same person as attorney for both types, or different people. You can also nominate replacement attorneys, but how and when they step in depends on the appointment structure and any valid instructions in the LPA.

Why timing matters

An LPA can be made only by someone who currently has the mental capacity to understand the document and the consequences of the decision. It cannot be created on the donor's behalf after that capacity has been lost.

A diagnosis of dementia does not automatically mean someone lacks mental capacity — capacity is decision-specific and can fluctuate. If the person no longer has capacity to make an LPA, first check whether an existing LPA or EPA covers the decision. DWP appointeeship may be enough for benefits, and the Court of Protection can make a one-off order for a particular decision. Where ongoing decisions require it, the court may appoint a deputy and define the deputy's powers; the Office of the Public Guardian supervises deputies.

An LPA does not have to be used immediately. A registered property and financial affairs LPA can be available if help is later needed, subject to the donor's permission while they have capacity and to any restrictions in the document.

Choosing your attorney

An individual attorney must be 18 or over and have capacity to make their own decisions. For a property and financial affairs LPA, an attorney must not be bankrupt or subject to a debt relief order. Check the current eligibility rules before appointing an individual or trust corporation.

Your attorney will have significant power over your life. Choose someone you trust completely, who understands your values and wishes, and who is capable of managing the practical responsibilities involved. This might be a spouse, an adult child, a sibling, or a close friend.

You can appoint more than one attorney. If you do, decide whether they act jointly, jointly and severally, or jointly for some decisions and jointly and severally for others. Each option affects who must agree and what happens if an attorney can no longer act, so follow the current form guidance carefully.

You can also appoint replacement attorneys. Whether the LPA continues and how a replacement steps in depends on whether the original attorneys act jointly or jointly and severally and on any valid instructions in the document.

How to make an LPA

You can prepare an LPA using the government's online service at lastingpowerofattorney.service.gov.uk, or use paper forms from the Office of the Public Guardian (OPG). The online service guides you through preparing the forms, which must then be printed, signed and registered.

The LPA form requires you to name your attorneys, specify how they should act (jointly, jointly and severally, or a combination), and include any restrictions or guidance you want to give them. You can, for example, specify that your attorney should consult certain family members before making major decisions, or that they should follow your known wishes about medical treatment.

The form must be signed by you, your attorney(s), your witnesses and a certificate provider (see below). Follow the form instructions for who signs and witnesses each section; attorneys cannot witness your signature or act as your certificate provider.

The certificate provider

Every LPA requires a certificate provider — an independent person who confirms that you understand the LPA, that you are making it voluntarily, and that there is no fraud or undue pressure involved. This is an important safeguard against abuse.

A certificate provider must be either someone who has known you personally for at least two years, or someone with relevant professional skills such as a solicitor, doctor or social worker. The form guidance lists people who cannot act, including attorneys and specified family members; check the full eligibility list before signing.

The OPG guide says the certificate provider should, if possible, discuss the LPA with you in private before signing. They must be satisfied that you understand it, are not under pressure and that nothing else prevents the LPA being created.

Registering with the OPG

An LPA cannot be used until it has been registered with the Office of the Public Guardian (OPG). Registration is a separate step after the LPA has been signed.

Either you or your attorney can apply to register the LPA. Before applying, the applicant must send form LP3 to any "people to notify" named in the LPA. They have three weeks to raise concerns with the OPG. If an attorney applies, the OPG also tells the donor, who can object. Once satisfied that the application is valid, the OPG registers the LPA and returns it stamped.

GOV.UK currently says registration takes 8 to 10 weeks if there are no mistakes. Errors can delay or prevent registration, so follow the current form instructions and consider legal advice if the arrangements or instructions are complex.

Costs and fee reductions

The OPG registration fee is £92 per LPA as checked against GOV.UK on 14 September 2026. If you register both types, the total OPG fee before any reduction or exemption is £184. Professional help is charged separately.

A 50% remission is available if the donor's income before tax is below £12,000 per year. An exemption may apply for certain qualifying benefits or circumstances. Universal Credit is considered under the remission rules rather than the benefits exemption. Apply using the current OPG form and evidence requirements.

If you use a solicitor or another professional to prepare the LPA, their fees are in addition to the OPG registration fee. Fees vary, so ask for a written quote that states what is included. You can also use the government's online service to prepare the forms yourself.

Using an LPA

A property and financial affairs LPA can be used as soon as it is registered, with the donor's permission and subject to any restriction in the LPA. This means your attorney can help manage your finances even while you still have full capacity — useful if you are temporarily unwell or simply want help with administration.

A health and welfare LPA can only be used when you lack mental capacity to make the specific decision in question. Your attorney cannot override your wishes while you are capable of making your own decisions.

To prove authority, an attorney can show an organisation the registered paper LPA or a certified copy. For eligible LPAs, an access code from the OPG's online service may instead let the organisation view a summary; the organisation may still ask for paper evidence in some cases.

The OPG's "Use an LPA" service explains which LPAs can be added to an account and how donors and attorneys create an access code for an organisation.

Safeguards and oversight

Attorneys have legal duties. They must act in the donor's best interests, follow the Mental Capacity Act 2005 and keep the donor's money and property separate from their own. Misuse can lead to investigation, repayment, removal or other legal consequences; deliberate abuse or fraud may be criminal.

The OPG investigates concerns about attorneys and deputies. If you are worried that an attorney is not acting in the donor's best interests, you can report your concerns to the OPG at gov.uk/report-concern-about-attorney.

The way attorneys are appointed and any valid preferences or instructions can shape how they act. Poorly drafted instructions can conflict with the appointment or make the LPA unworkable, so use the current OPG guidance and consider legal advice for tailored restrictions.

Revoking or changing an LPA

You can revoke an LPA while you have mental capacity by making a formal deed of revocation, sending it with the original LPA to the OPG, and telling your attorneys that the appointment has ended.

You cannot add a new attorney to a registered LPA. You may be able to remove one attorney using a partial deed of revocation if the remaining appointment structure allows the LPA to continue; otherwise you will need to revoke the LPA and make a new one.

Your LPA ends when you die. It may end earlier if an attorney can no longer act and the appointment and replacement structure does not allow it to continue. Divorce or dissolution normally ends a spouse's or civil partner's appointment unless the LPA says otherwise. A property and financial affairs appointment also ends if the attorney becomes bankrupt or subject to a debt relief order; donor bankruptcy can affect the property and financial affairs LPA too.

Scotland and Northern Ireland

The LPA system described in this guide is for England and Wales. Scotland and Northern Ireland have different powers of attorney, and using authority across borders can require separate advice or evidence.

In Scotland, the equivalent is a Continuing Power of Attorney (for financial matters) and a Welfare Power of Attorney (for health and personal welfare). These are governed by the Adults with Incapacity (Scotland) Act 2000 and must be registered with the Office of the Public Guardian (Scotland). Its October 2026 update says errors in the Schedule 1 certificate were the most common reason applications failed the registration criteria, so use the current Scottish form and guidance rather than adapting an England-and-Wales LPA.

In Northern Ireland, the equivalent is an Enduring Power of Attorney (EPA), governed by the Enduring Powers of Attorney (Northern Ireland) Order 1987. Northern Ireland has not yet introduced the LPA system used in England and Wales. If you own property in more than one jurisdiction, you may need separate documents for each.

Common questions