Do I Need a Solicitor for an LPA?
The short answer is no. But there are some situations where legal advice may be helpful.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
No — you do not need a solicitor to create a Lasting Power of Attorney. The law does not require it, and thousands of people in the UK successfully create their own LPA every year. That said, there are certain circumstances where professional legal advice can make a genuine difference.
At a glance
- No — there is no legal requirement to use a solicitor to create a Lasting Power of Attorney
- For straightforward circumstances, a guided online service provides everything most people need
- A solicitor may be worth considering if you own a business, have overseas assets, or face family disputes
- Solicitors typically charge £300 to £1,000+ per LPA; online services charge £89 to £150 on top of the £92 government fee
When You Can Safely Create an LPA Without a Solicitor
For the vast majority of people, creating an LPA is a straightforward process — our guide to making an LPA covers each step. You probably do not need a solicitor if:
- Your financial situation is relatively straightforward (savings, a home, a pension)
- You know who you want to appoint as your attorney(s)
- You have a clear idea of your preferences and instructions
- There are no disputes or complications within your family
- You are comfortable using an online guided service
In these cases, a guided online service can walk you through each step, ensure your documents are correctly prepared, and provide clear instructions for signing and registration.
Situations Where a Solicitor Adds Real Value
There are some situations where the complexity of your circumstances genuinely warrants professional legal advice:
You own a business
If you are a company director or partner, a solicitor can advise on how an LPA interacts with your business structure and any shareholder agreements.
You have overseas assets or property
An LPA created in England and Wales may not automatically cover assets abroad. A solicitor can advise on cross-border issues. For official information, see make an LPA on GOV.UK.
There are family disputes
If there are disagreements about who should be an attorney, or concerns about undue influence, legal advice can provide clarity and protection.
You have a complex trust or estate structure
If your finances involve trusts, complex investment portfolios, or multiple properties, professional guidance can ensure your LPA covers everything appropriately.
You have an early dementia diagnosis
If there are concerns about your mental capacity, a solicitor or medical professional acting as your certificate provider can add an extra layer of protection.
What Does an Online LPA Service Offer as an Alternative?
A good online LPA preparation service provides many of the practical benefits of using a solicitor, without the high cost:
- Guided questionnaire that ensures nothing is missed
- Document review to check for errors before your documents are issued
- Step-by-step signing instructions so the correct order is followed
- Mistake prevention guarantee so errors are corrected at no extra cost
- Client portal for tracking progress and downloading documents
Important: An online LPA service prepares your documents but does not provide legal advice. If you have specific legal questions about your situation, consult a qualified solicitor.
What Does the LPA Process Involve?
Understanding the steps involved helps explain why many people manage perfectly well without a solicitor. Creating a lasting power of attorney involves:
- Choosing your attorneys — the donor (the person making the LPA) decides who they trust to make decisions on their behalf. This might be a spouse, adult child, or close friend.
- Deciding on preferences and instructions — you can include specific wishes about how your attorneys should act in your best interests.
- Choosing a certificate provider — every LPA requires an independent person who confirms you understand what you are signing and are not being pressured.
- Completing the legal document — either through the government’s online tool, with a solicitor, or using a guided online service.
- Signing in the correct order — the donor, certificate provider, and attorneys must each sign in a specific sequence.
- Registering with the Office of the Public Guardian — you register an LPA by submitting the signed documents to the OPG along with the £92 registration fee. Registration typically takes 8 to 10 weeks.
None of these steps require a solicitor. The process is designed so that ordinary people can complete it themselves, and a good guided service makes it even simpler.
Tip: Our online service guides you through each step of the LPA process with built-in error checks — no solicitor needed for most people. See our pricing.
The Role of a Certificate Provider
One of the most important safeguards in the LPA process is the certificate provider. Every lasting power of attorney must include a certificate from an independent person who confirms that:
- The donor understands the purpose and scope of the LPA
- The donor is not being pressured or coerced into making it
- There is nothing to suggest fraud or undue influence
A certificate provider can be either:
- A professional — such as a GP, solicitor, social worker, or other qualified person
- Someone who has known you personally for two or more years — a friend, colleague, or neighbour (but not a family member or your chosen attorney)
You do not need a solicitor to act as your certificate provider. Many people ask their GP or a long-standing friend. For more details, see our certificate provider rules guide.
Mental Capacity and Creating an LPA
To create a valid lasting power of attorney, the donor must have mental capacity at the time of signing. This is a legal requirement under the Mental Capacity Act 2005. In practical terms, it means you must be able to understand what an LPA is, why you are making one, and the decisions it covers.
For most people this is straightforward — if you can follow the process and understand what you are agreeing to, you have the capacity to make an LPA. However, if there is any doubt (for example, following an early diagnosis of dementia or another condition that affects cognition), it is worth getting a professional assessment.
A GP can provide a written capacity assessment, and having a solicitor or medical professional act as your certificate provider adds further protection. If someone loses mental capacity before creating an LPA, the only option is for a family member to apply to the Court of Protection for a deputyship order — a much longer and more expensive process. This is one of the strongest reasons to create an LPA sooner rather than later, while you still can.
Cost Comparison
A solicitor typically charges £300 to £1,000+ per LPA. UKLPA charges just £89 per LPA, plus the £92 government registration fee. For most people with straightforward circumstances, the online route provides everything needed at a significantly lower cost.
See our full cost breakdown guide for detailed pricing.
Key Takeaways
- No legal requirement for a solicitor — thousands of people create their own LPA each year using the OPG’s free tool or a guided online service.
- A solicitor adds value for complex situations — business ownership, overseas assets, family disputes, trusts, or borderline mental capacity are all valid reasons to seek legal advice.
- Online services cost a fraction of solicitor fees — expect £89 to £150 per LPA compared to £300 to £1,000+ from a solicitor; the resulting LPA is equally valid.
- The certificate provider is not a solicitor role — any eligible professional or someone who has known you for 2+ years can fulfil this requirement at no cost.
- Start early regardless of method — OPG registration takes 8 to 10 weeks, so create your LPA well before it is needed.
Frequently Asked Questions
Is it a legal requirement to use a solicitor to create an LPA?
No. There is no legal requirement to use a solicitor. The OPG provides a free online tool for creating LPAs, and thousands of people successfully complete the process without any professional legal help every year.
When should I consider using a solicitor for my LPA?
A solicitor may be helpful if you own a business, have overseas assets, face family disputes about the LPA, have complex trust arrangements, or there are concerns about your mental capacity. For straightforward situations, an online service is usually sufficient.
How much do solicitors typically charge for an LPA compared to online services?
Solicitors typically charge £300 to £1,000+ per LPA. Online services like UKLPA charge £89 per LPA on top of the £92 government registration fee. Both produce an equally valid legal document.
Can I create an LPA myself using the government website?
Yes. The Office of the Public Guardian provides a free online tool that lets you create a lasting power of attorney yourself. However, it does not check for errors or provide guidance on your choices. A guided online service offers a practical middle ground — it walks you through the process with built-in checks, without the cost of a solicitor.
What is a certificate provider and do I need one?
Yes, every lasting power of attorney needs a certificate provider. This person confirms the donor has mental capacity and is not being pressured into making the LPA. A certificate provider can be a professional (such as a GP or solicitor) or someone who has known you personally for two or more years.
How long does it take to register an LPA?
Registration with the Office of the Public Guardian typically takes 8 to 10 weeks. The forms themselves can often be completed in a single sitting, so most of the waiting time is during the registration stage. It is worth starting the process early rather than waiting until an LPA is urgently needed.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
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