Knowing how to set up an LPA, or Lasting Power of Attorney, is one of the most useful things you can do to plan for the future. An LPA lets people you trust make decisions for you if you lose mental capacity through illness, an accident or dementia. Without one, your family may need to apply to the Court of Protection, which is slower and more expensive. This step-by-step guide explains how LPAs work in England and Wales.
What is a Lasting Power of Attorney?
An LPA is a legal document made under the Mental Capacity Act 2005. It lets you appoint one or more “attorneys” to make decisions on your behalf. The word “lasting” matters, because the power continues even after you lose capacity. By contrast, an ordinary power of attorney stops working at that point.
Many people assume their spouse, civil partner or family can step in automatically. However, no one has automatic authority to manage your sole accounts or make care decisions for you. That is true whether you are married, in a civil partnership or living together.
The two types of LPA
Property and Financial Affairs LPA. This covers your money and property, such as bank accounts, bills, benefits, investments and selling your home. If you choose, your attorneys can use it as soon as it is registered, even while you still have capacity.
Health and Welfare LPA. This covers decisions about medical treatment, care and where you live. It can only be used when you lack capacity to make the particular decision. You can also choose whether your attorneys can decide about life-sustaining treatment.
Most people make both, because money and care decisions are often linked. For example, choosing a care home involves both a welfare decision and a financial one.
How to set up an LPA, step by step
Step 1: Choose your attorneys
This is the most important decision. Choose people who are reliable, organised and willing to act in your best interests. Age and health also matter, because your attorneys may need to act for many years.
If you appoint more than one attorney, you decide how they act. They can act “jointly” (together on every decision), “jointly and severally” (together or alone), or jointly for some decisions and separately for others. Jointly and severally is often more practical. You can also name replacement attorneys in case a first choice cannot act.
Step 2: Decide on preferences and instructions
Preferences are wishes your attorneys should take into account, but they are not binding. Instructions, on the other hand, are legally binding. For example, you might prefer that your attorneys keep supporting a charity you give to. Alternatively, you might instruct that your attorneys must consult your doctor before moving you into a care home.
Use instructions sparingly. Overly strict instructions can stop your attorneys responding sensibly to situations you could not foresee. In some cases, the OPG may even refuse to register an LPA with an unworkable instruction.
Step 3: Complete the LPA forms
You can make an LPA using the online service on GOV.UK or the paper forms. The paper forms are LP1F for Property and Financial Affairs and LP1H for Health and Welfare. Always use the current version, because out-of-date forms can be rejected.
Make sure names and addresses are consistent throughout. Also, check that every page is complete. Small errors are one of the most common reasons for delay.
Step 4: The certificate provider
A certificate provider is an independent person who confirms that you understand the LPA and are not being pressured into making it. They must either have known you personally for at least two years, or have relevant professional skills, such as a doctor or solicitor.
Certain people cannot act as certificate provider, including your attorneys and members of your family or theirs. When we prepare an LPA for you, we act as the certificate provider ourselves.
Step 5: Sign in the right order
The signing order matters. First, you sign, with a witness. Next, the certificate provider signs. Finally, your attorneys and replacement attorneys sign, each with a witness. An attorney cannot witness your signature. If the order is wrong, the OPG will usually reject the LPA.
Step 6: Register with the Office of the Public Guardian
An LPA cannot be used until the Office of the Public Guardian (OPG) has registered it. The OPG fee is £92 per LPA, so £184 for both types. Reductions or exemptions may apply if you have a low income or receive certain benefits.
Registration currently takes around 8 to 10 weeks, partly because there is a statutory waiting period during which people can object. For this reason, it is sensible to register straight away rather than waiting until the LPA is needed.
After registration
Keep the original registered LPA safe and tell your attorneys where it is. Your attorneys can then show it to banks, doctors and care providers. Many organisations will also accept a certified copy.
The law on LPAs is changing. The Powers of Attorney Act 2023 will move LPAs to a mainly digital system over time. Check the GOV.UK power of attorney page for the current position.
Common mistakes to avoid
- Leaving it too late. You must have mental capacity to make an LPA, so a sudden illness can make it impossible.
- Not registering it. An unregistered LPA cannot be used.
- Choosing attorneys without asking them first.
- Signing in the wrong order, or leaving sections blank.
- Adding instructions that are vague or unworkable.
LPAs compared with deputyship
If someone loses capacity without an LPA, a family member can apply to the Court of Protection to become a deputy. However, this usually takes months. It also involves an application fee, ongoing annual supervision fees and yearly reports to the OPG. Deputies may also need the court’s permission for larger decisions.
By contrast, an LPA lets you choose your attorneys in advance. For example, imagine someone diagnosed with early dementia in their late fifties. If they make LPAs straight away, their partner can later manage their affairs without a court application. If they wait too long, it may no longer be possible.
Frequently asked questions
Can I set up an LPA for someone else?
No. The person must make it themselves while they have capacity. If they have already lost capacity, a deputyship application is usually needed instead.
Can I change a registered LPA?
Generally, no. You would normally make a new LPA. However, while you have capacity you can cancel an existing one.
Do I need a professional to set up an LPA?
No, it is not a legal requirement. However, many people find professional help reduces the risk of errors and delays.
How A.D.E. Wills can help
We prepare LPAs, act as your certificate provider and register them with the OPG for you. Our Full Service option also includes attending the signing as a witness. Our LPA services are offered at a fixed fee, and the OPG fee is extra. You can see the prices on our LPAs Pricing page.
If you would like help to set up an LPA, call 01865 507174 or email info@adewills.co.uk. You can also read more about our Lasting Power of Attorney service.
