Registering a Lasting Power of Attorney
How to create and register an LPA so someone you trust can make decisions if you lose mental capacity.
Overview
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types: Property and Financial Affairs (managing money, paying bills, selling property) and Health and Welfare (medical treatment, care, residence). LPAs must be registered with the Office of the Public Guardian before they can be used.
Who Can Use This Process
- How to create and register an LPA so someone you trust can make decisions if you lose mental capacity.
- A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (attorneys) to make decisions on your behalf if you lose mental capacity.
Step-by-Step Process
Decide what type of LPA you need
You can make one or both types: (1) Property and Financial Affairs — your attorney can manage your finances; this can be used while you still have capacity if you wish. (2) Health and Welfare — your attorney can make decisions about medical treatment and care; this can only be used when you lack capacity.
- Most people make both types
- You can appoint different attorneys for each type
Choose your attorneys
Appoint people you trust absolutely. You can appoint more than one attorney to act jointly (must all agree), jointly and severally (can act independently), or jointly for some decisions and severally for others. Also appoint a replacement attorney in case your chosen attorney cannot act.
- Attorneys must be 18+ and not bankrupt (for property LPA)
- Choose someone who understands your values and wishes
- A professional (solicitor, accountant) can be an attorney but will charge fees
Complete and sign the LPA
Complete the LPA online at gov.uk/lasting-power-of-attorney or use the paper forms (LP1F for property, LP1H for health). The LPA must be signed by you, your attorneys, and a 'certificate provider' — an independent person who confirms you understand the LPA and are not being pressured.
- The certificate provider must be someone who has known you for at least 2 years OR a professional (solicitor, doctor, social worker)
- You can add preferences (what you'd like your attorney to do) and instructions (what your attorney must or must not do)
Register the LPA
Submit the completed LPA to the Office of the Public Guardian for registration. There is a fee of £82 per LPA. You can apply for a fee reduction or exemption if you are on low income. Registration takes 8-10 weeks. The LPA cannot be used until it is registered.
- Register as soon as possible — if you lose capacity before registration, the LPA cannot be registered
- You can apply for a fee reduction if your income is under £12,000 or exemption if you receive certain benefits
Costs
Important Warnings
An LPA can only be made while you have mental capacity. Do not delay — if you lose capacity without an LPA, your family will need to apply to the Court of Protection (which is much more expensive and time-consuming).
An attorney has a legal duty to act in your best interests and must follow the principles of the Mental Capacity Act 2005.
You can cancel (revoke) an LPA at any time while you still have capacity.
Useful Links
Frequently asked questions
- How long does the registering a lasting power of attorney process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Consider carefully"; "Take time to decide"; "1-2 hours to complete"; "8-10 weeks for registration". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Registration fee per LPA — £82; Both LPAs — £164; Solicitor help — £300-£600 per LPA. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: An LPA can only be made while you have mental capacity. Do not delay — if you lose capacity without an LPA, your family will need to apply to the Court of Protection (which is much more expensive and time-consuming).; An attorney has a legal duty to act in your best interests and must follow the principles of the Mental Capacity Act 2005.; You can cancel (revoke) an LPA at any time while you still have capacity.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: GOV.UK — Make an LPA; Office of the Public Guardian. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.