Lasting Power of Attorney (LPA)
How to make a Lasting Power of Attorney (LPA) in England and Wales — the two types (Property & Finance, Health & Welfare), who can be an attorney, and how registration works.
Prezentare generală
A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more people (your 'attorneys') to make decisions on your behalf if you become unable to do so. LPAs are governed by the Mental Capacity Act 2005 in England and Wales (Scotland and Northern Ireland have similar but distinct schemes). You must be 18 or over and have mental capacity to make an LPA at the time of signing. Once registered with the Office of the Public Guardian (OPG), an LPA is valid for the rest of your life unless you revoke it. Without an LPA in place, your family may have to apply to the Court of Protection for a deputyship order if you lose capacity — a slower, more expensive, and more limited process. This is one of the most important documents most people will ever sign; the small upfront cost is well worth the future protection.
Cine poate folosi acest proces
- You are 18 or over
- You have mental capacity to understand what you are doing and the consequences
- You can choose one or more attorneys who agree to act
- You have someone willing to be a 'certificate provider' (independent person who confirms you have capacity)
Proces pas cu pas
Decide on the type(s) of LPA you need
Property & Financial Affairs LPA covers bank accounts, paying bills, selling property. Health & Welfare LPA covers medical treatment, care home decisions, daily routines. Most people make both.
Choose your attorney(s)
Pick people you trust absolutely — typically a spouse, adult child, or close friend. You can appoint several attorneys to act 'jointly' (all decisions together) or 'jointly and severally' (any one of them can act). You can also name replacement attorneys.
Choose a certificate provider
Either a professional (solicitor, GP, social worker) or someone who has known you for 2+ years. They confirm you have capacity and understand the LPA. They cannot be your attorney.
Complete the LPA forms
Use the official forms on gov.uk. You can complete online and print, or fill in paper forms. Each LPA must be signed and witnessed in a specific order — donor first, then certificate provider, then attorneys.
Tell people (optional)
You can name up to 5 'people to be told' who will be notified when the LPA is registered. They have 3 weeks to object. Most people skip this step now (changed from being compulsory in 2023).
Register with the Office of the Public Guardian
Send the signed LPA(s) to OPG with the fee (£82 per LPA, or £41 with means-tested remission, or free for very low income). Registration takes around 16-20 weeks.
Costuri
Avertismente importante
Your attorney has significant power over your money or health. Choose someone you trust completely.
If you lose capacity before making an LPA, your family will have to apply to the Court of Protection for a deputyship — slower, more expensive, and supervised.
An LPA made under the older Enduring Power of Attorney (EPA) system can still be used for property/finance but does not cover health and welfare.
Scotland uses 'Continuing and Welfare Powers of Attorney'; Northern Ireland uses 'Enduring Powers of Attorney'. The rules differ.