Creating an LPA for Elderly Parents

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

You have probably thought about it already: what would happen if Mum or Dad could no longer manage their own finances or make decisions about their care? A Lasting Power of Attorney (LPA) is the legal tool that allows them to appoint trusted people to act on their behalf if they lose the capacity to do so themselves.

But raising the subject can feel awkward, and the process can seem daunting. This guide covers everything you need to know about helping elderly parents create an LPA — from starting the conversation to completing the paperwork.

Having the Conversation

For many families, the hardest part of the LPA process is raising the topic in the first place. No one wants to think about losing their independence, and elderly parents may feel that you are being presumptuous or morbid. Here are some practical tips for approaching the conversation sensitively:

• Choose the right moment — avoid bringing it up during a stressful time or immediately after a health scare. A quiet, relaxed conversation over a cup of tea is far more likely to be productive
• Frame it positively — emphasise that an LPA is about giving them more control, not less. It ensures their wishes are respected if they ever need help with decisions
• Make it about planning, not illness — compare it to having a will or home insurance. It is a sensible precaution that most people should have in place, regardless of their current health
• Share your own plans — if you have made your own LPA (or are willing to do so at the same time), this can normalise the process and show that it is not just about old age
• Be patient — your parents may not agree immediately. Give them time to think about it and be prepared to have the conversation more than once
• Involve siblings — if you have brothers or sisters, it can be helpful to discuss it as a family. This avoids any perception that one child is trying to take control

The Legal Requirement: Your Parent Must Have Mental Capacity

This is the single most important legal requirement: the person making the LPA (the donor) must have the mental capacity to understand what they are doing at the time they sign the document. Under the Mental Capacity Act 2005, this means they must be able to:

• Understand the nature and purpose of an LPA — what powers they are granting and to whom
• Understand the consequences of making the LPA — including the fact that an attorney could make decisions on their behalf if they lose capacity
• Retain the information long enough to make the decision
• Weigh up the information and communicate their decision

If your parent has already been diagnosed with dementia or another condition that affects their cognitive abilities, that does not necessarily mean they lack capacity. Many people in the early stages of dementia still have sufficient understanding to create a valid LPA. The longer you wait, though, the greater the risk that they will no longer meet the capacity threshold.

If there is any doubt about capacity, the certificate provider (who must sign the LPA to confirm the donor understands it) should be a professional such as a doctor or solicitor, rather than a personal acquaintance. In borderline cases, obtaining a formal capacity assessment from a medical professional before proceeding gives everyone extra reassurance.

Why Both Types of LPA Are Recommended

There are two types of LPA, and for elderly parents it is strongly recommended to set up both:

• Property and Financial Affairs LPA — this covers decisions about bank accounts, pensions, investments, paying bills, selling property, and managing day-to-day finances. Without this, no one can access your parent's money or pay their care home fees if they lose capacity
• Health and Welfare LPA — this covers decisions about medical treatment, where they live, their daily care routine, and (if they choose to include it) end-of-life decisions. Without this, doctors and care providers will make decisions without input from the family

Many people initially think only about the financial LPA, but the health and welfare LPA is equally important. If your parent needs to move into a care home, for example, a health and welfare attorney can ensure they are placed somewhere that suits their preferences and needs.

Helping Them Through the Process

The LPA process involves several steps, and elderly parents may appreciate help navigating them:

• Choosing attorneys — help your parents think carefully about who they trust to act on their behalf. This might be children, other relatives, or trusted friends. They should consider appointing more than one attorney and naming replacement attorneys
• Completing the forms — the LPA forms can be completed online or on paper. If your parent is not comfortable with technology, you can help them fill in the forms, but they must understand and agree to everything in the document
• Finding a certificate provider — this must be someone independent who can confirm that the donor understands the LPA and is not being pressured. A GP, solicitor, or long-standing family friend can fulfil this role
• Signing and witnessing — the LPA must be signed by the donor, the attorneys, and the certificate provider, each in the presence of a witness. Help coordinate this if your parent has mobility issues
• Registration — the completed LPA must be registered with the Office of the Public Guardian before it can be used. Registration currently costs £92 per LPA. Fee exemptions or reductions may be available for people on low incomes

Why Timing Matters

The most common regret families have about LPAs is not setting them up soon enough. There comes a point when it is too late to make an LPA — once someone has permanently lost mental capacity, they cannot create one. At that stage, the only option is to apply to the Court of Protection for a deputyship order, which is significantly more expensive, time-consuming, and restrictive than an LPA.

Consider these scenarios that can arise without warning:

• A sudden stroke or brain injury that leaves your parent unable to communicate
• A fall leading to a hospital admission and a rapid decline in cognitive function
• A diagnosis of dementia that progresses faster than expected
• An unexpected illness that requires urgent decisions about treatment and care

In any of these situations, having an LPA already registered and ready to use can make an enormous practical difference. Without one, family members may find themselves unable to access their parent's bank accounts to pay bills, unable to speak to doctors about treatment options, or unable to arrange appropriate care.

Costs and Fee Reductions

The cost of creating and registering an LPA is modest compared to the alternative. Registration with the OPG costs £92 per LPA (so £184 for both types). If your parent has a gross annual income below £12,000, they may qualify for a 50% fee reduction. If they receive certain means-tested benefits, the fee may be waived entirely.

Compare this with the cost of applying for a deputyship order through the Court of Protection, which involves an application fee of £371, an assessment fee, ongoing supervision fees, and potentially thousands of pounds in legal costs. An LPA is by far the most affordable and straightforward option.

A key concern when creating an LPA for elderly parents is whether they still have the required mental capacity. Our guide on LPAs and mental capacity explains the legal test and what it means in practice.

Answers to Questions We Get Asked

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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