Step-by-step guide to making a Lasting Power of Attorney in the UK
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How to Make a Lasting Power of Attorney in the UK

A practical, step-by-step guide to creating a legally valid LPA — from choosing your attorneys to registering with the OPG.

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed

Every year, thousands of families find themselves locked out of a loved one's bank accounts and unable to make care decisions — simply because an LPA was never put in place. Creating a Lasting Power of Attorney is straightforward, but it must be done correctly for the document to be legally valid. This guide walks you through every stage, so you know exactly what to expect.

At a glance

  • There are two types of LPA in England and Wales — Property and Financial Affairs, and Health and Welfare — and most people create both
  • You do not need a solicitor; you can create an LPA yourself or through a professional service like UKLPA
  • The LPA must be signed in a strict order (donor, certificate provider, attorneys, replacement attorneys) or it will be rejected
  • Registration costs £92 per LPA and takes 8 to 10 weeks through the Office of the Public Guardian

Step 1: Decide Which Type of LPA You Need

There are two types of LPA in England and Wales, and they serve very different purposes. You can create one or both.

Property & Financial Affairs

Covers decisions about your money, bank accounts, bills, property, pensions and investments. Can be used while you still have mental capacity if you choose.

Health & Welfare

Covers decisions about medical treatment, care, where you live, and life-sustaining treatment. Can only be used once you lack mental capacity.

Most people choose to create both types at the same time. This gives your chosen attorneys full authority to look after your affairs, and it is more cost-effective to prepare them together.

Step 2: Choose Your Attorneys

Your attorney is the person (or people) who will make decisions on your behalf. Despite the name, they do not need to be a lawyer — an "attorney" is simply the legal term for someone you appoint under an LPA. Most people choose a spouse, partner, adult child, or close friend.

You should consider:

  • Trustworthiness — this person will have significant power over your affairs
  • Availability — they need to be willing and able to act when needed
  • Capability — managing finances or medical decisions requires good judgement
  • Age — attorneys must be 18 or over and have mental capacity themselves

You can appoint more than one attorney. If you do, you will need to decide whether they act "jointly" (they must all agree on every decision), "jointly and severally" (they can act together or independently), or a combination of both.

Key point: It is wise to appoint a replacement attorney as well. If your original attorney is unable or unwilling to act, the replacement can step in without needing a new LPA.

Step 3: Choose a Certificate Provider

Every LPA requires a certificate provider. This is an independent person who confirms that you understand the LPA, that you are making it of your own free will, and that no one is putting you under pressure.

Your certificate provider must be either:

  • Someone who has known you personally for at least two years — such as a friend, colleague or neighbour (but not a family member or your attorney)
  • A professional — such as a GP, solicitor, social worker, or other registered professional who has the relevant skills to assess your capacity

The certificate provider cannot be one of your attorneys, a family member of your attorneys, or anyone who would benefit financially from the LPA.

Step 4: Complete the LPA Forms

The LPA document itself is a prescribed form set out by the Office of the Public Guardian (OPG). You can complete it online through the OPG's own service, or you can use a professional LPA service like UKLPA to guide you through the process and prepare the documents for you.

The form will ask for:

  • Your personal details (the "donor")
  • Details of your chosen attorney(s) and how they should act
  • Details of any replacement attorney(s)
  • Any preferences or instructions you wish to include
  • Details of your certificate provider
  • Details of anyone you want to be notified when the LPA is registered ("people to notify")

Key point: Preferences are wishes your attorneys should consider but are not legally binding. Instructions are legally binding restrictions on what your attorneys can do. Be careful with instructions, as overly restrictive ones may prevent your attorneys from acting in your best interests.

Step 5: Sign the LPA in the Correct Order

One of the most common reasons an LPA is rejected by the OPG is that it was signed in the wrong order. The signing order is strict and must be followed exactly:

  1. The donor signs first — you sign the LPA in the presence of an independent witness (who also signs)
  2. The certificate provider signs second — they sign to confirm you have capacity and are acting freely
  3. Each attorney signs third — each attorney signs in the presence of an independent witness (who also signs)
  4. Replacement attorneys sign last — if applicable, each replacement attorney signs with their own witness

Witnesses must be aged 18 or over. The donor's witness cannot be one of the attorneys. Each signature must be witnessed by someone who is physically present at the time of signing. Our guide on who can witness an LPA signature covers the full rules.

The certificate provider must sign on the same day as the donor, or after the donor has signed — never before. Getting this wrong will invalidate the LPA.

Step 6: Register the LPA with the OPG

Once the LPA has been correctly signed, it must be registered with the OPG before it can be used. Registration costs £92 per LPA. If you are creating both types, the total registration fee is £184.

You can register the LPA at any time after it has been signed — you do not need to wait until you lose capacity. In fact, it is strongly recommended to register as soon as possible, because registration typically takes 8 to 10 weeks.

To register, you need to:

  • Send the completed, signed LPA form to the OPG
  • Pay the £92 registration fee (fee exemptions and remissions may apply if you receive certain benefits or have a low income)
  • Wait for the OPG to process and check the document

If the OPG finds any errors, they will write to you explaining what needs to be corrected. Minor errors can sometimes be fixed with a simple correction, but more serious mistakes may require you to start the process again.

How Much Does It Cost Overall?

The cost of making an LPA depends on how you choose to create it:

DIY (OPG Online)

£92 per LPA registration fee only. You complete the forms yourself with no professional guidance.

Professional Service

A service fee (varies by provider) plus the £92 OPG registration fee. You receive expert guidance and document preparation.

Common Mistakes to Avoid

The OPG rejects thousands of LPA applications every year due to avoidable errors. Here are the most common pitfalls:

  • Signing in the wrong order — the most frequent reason for rejection
  • Missing witness signatures — every signature on the LPA must be independently witnessed
  • Choosing an ineligible certificate provider — they cannot be a family member or one of your attorneys
  • Leaving sections blank — crossing through unused sections rather than leaving them empty
  • Using correction fluid — any corrections must be initialled by the relevant person, never covered with correction fluid
  • Not registering the LPA — an unregistered LPA cannot be used, even if it has been correctly signed

More Guides on Creating an LPA

If you're ready to get started, our step-by-step guided service walks you through every stage. See our pricing for details.

Key Takeaways

  1. Choose your attorneys carefully — trustworthiness, availability, and good judgement matter more than professional qualifications
  2. Signing order is critical — the donor signs first, then the certificate provider, then attorneys, then replacement attorneys. Getting this wrong is the most common reason for OPG rejection
  3. Register immediately after signing — an unregistered LPA has no legal effect and the 8–10 week processing time means delays if you wait
  4. Fee reductions are available — the £92 registration fee can be halved if you earn under £12,000 per year, or waived entirely if you receive certain means-tested benefits

Frequently Asked Questions

Do I need a solicitor to make an LPA?

No. You can create an LPA yourself using the government's online tool or through a professional service like UKLPA. A solicitor is only necessary for complex situations such as business ownership or potential family disputes.

What is the correct signing order for an LPA?

The donor must sign first, followed by the certificate provider, then each attorney, and finally any replacement attorneys. Each signature must be independently witnessed. Signing in the wrong order is the most common reason for LPA rejection by the OPG.

How much does it cost to register an LPA with the OPG?

The registration fee is £92 per LPA. If you create both types (Property and Financial Affairs plus Health and Welfare), the total is £184. Fee exemptions or 50% reductions may be available if you are on a low income or receive certain means-tested benefits.

This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.

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