Creating an LPA When English Is Not Your First Language
Your rights, interpreter support, and practical steps for making an LPA in England and Wales.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Millions of people in England and Wales speak a language other than English at home. If that includes you — or someone in your family — you might wonder whether it’s possible to create a Lasting Power of Attorney (LPA) without being fluent in English. The short answer: yes, you absolutely can. Not speaking English does not prevent you from making an LPA, and it certainly does not mean you lack the mental capacity to do so.
At a glance
- You can create an LPA even if you do not speak English — there is no language requirement for the donor
- The LPA form itself must be completed in English, but an interpreter can explain the contents in your language
- Not speaking English does not mean you lack mental capacity — the Mental Capacity Act 2005 is clear on this
- A bilingual certificate provider or an independent interpreter can support the signing process
You Can Create an LPA If English Is Not Your First Language
There is no legal requirement for a donor to speak, read, or write English in order to make a valid LPA. The Mental Capacity Act 2005 sets out who can create an LPA: anyone aged 18 or over who has the mental capacity to understand the decisions involved. Language is not part of that test.
What matters is that the donor understands what an LPA is, what powers it gives to their chosen attorneys, and that they are making the decision freely. That understanding can be communicated and demonstrated in any language — with the right support in place.
So whether you speak Polish, Urdu, Cantonese, Bengali, Arabic, or any other language as your first language, an LPA is fully available to you.
The LPA Form Must Be Completed in English
While the donor does not need to speak English, the LPA form itself must be filled in and submitted in English. The Office of the Public Guardian (OPG) only accepts English-language forms. There are no official translated versions of the LPA document.
In practice, this means someone who can write in English needs to complete the form on behalf of the donor, or the donor can use an online service (such as UKLPA) where a support team handles the form preparation. What the donor must do personally is understand the contents and sign the document.
The key distinction: the form is in English, but the donor’s understanding does not have to be demonstrated in English. An interpreter or bilingual family member can explain every section before the donor signs.
Using Interpreters and Translators During the LPA Process
An interpreter can play a vital role at several stages of the LPA process:
- Explaining the LPA form — translating each section so the donor fully understands what they are agreeing to
- During the certificate provider discussion — helping the certificate provider communicate with the donor to confirm understanding
- At signing — being present when the donor signs to confirm they understand what they are signing
The interpreter does not need to be a professional, but they should be someone the donor trusts and who is fluent in both languages. That said, there is one important restriction: the interpreter should ideally not be someone named as an attorney on the LPA. Using an independent interpreter avoids any suggestion of undue influence.
It is good practice to note in the LPA’s preferences or instructions section that an interpreter was used, including their name and the language they interpreted in. This gives the OPG confidence that proper steps were taken to ensure understanding.
Key point: There is no legal requirement for the interpreter to hold any formal qualification, but using someone independent of the attorneys adds credibility and reduces the risk of the OPG raising concerns.
Role of the Certificate Provider When the Donor Does Not Speak English
Every LPA needs a certificate provider — an independent person who confirms that the donor understands the LPA and is not being pressured into making it. The certificate provider must have a private conversation with the donor to assess this.
When the donor speaks limited or no English, the certificate provider still needs to be satisfied that the donor genuinely understands the LPA. This creates a practical challenge: how do you have a meaningful conversation if you don’t share a language?
There are two main approaches. The first is to use a certificate provider who speaks the donor’s language. The second is to use an interpreter during the certificate provider’s discussion with the donor. Either approach is acceptable, though the first is generally simpler and more straightforward.
Choosing a Bilingual Certificate Provider
If you can find a certificate provider who speaks the donor’s language, the process becomes much easier. The certificate provider can have a direct conversation with the donor in their shared language, without needing a third party to interpret.
A bilingual certificate provider could be a friend or acquaintance who has known the donor for at least two years and speaks their language, or a professional (such as a solicitor, doctor, or social worker) who is fluent in the donor’s language.
For example, if the donor speaks Gujarati, a Gujarati-speaking GP who is not involved in the donor’s day-to-day care could be an excellent choice. Or a long-standing friend from the same community who meets the two-year personal knowledge requirement.
All the usual certificate provider eligibility rules still apply. The person must not be a family member, must not be named as an attorney, and must be sufficiently independent to give an honest assessment.
Interpreter During LPA Signing — Practical Considerations
If an interpreter is present during the signing, a few practical steps help keep everything above board:
Choose an independent interpreter
Ideally, the interpreter should not be an attorney named on the LPA or a close family member of the attorneys. Independence reduces any risk of perceived undue influence.
Record the interpreter’s details
Note the interpreter’s full name and the language used in the LPA’s preferences or instructions section. This creates a clear record for the OPG.
Allow enough time
Working through an interpreter takes longer. Don’t rush the signing or the certificate provider conversation. The donor needs time to ask questions and confirm understanding.
Consider a written translation
While not required by the OPG, having a written translation of key sections of the LPA in the donor’s language can help them review the document at their own pace before signing day.
Choosing Attorneys Who Speak Your Language
While there is no legal requirement for attorneys to speak the same language as the donor, it makes a great deal of practical sense. Attorneys need to understand the donor’s wishes, communicate with them about decisions, and act in their best interests.
If the donor loses capacity in the future, being able to communicate directly with them — even in limited ways — becomes even more valuable. An attorney who speaks the donor’s first language is better placed to understand their preferences, comfort, and concerns.
Take the example of Fatima, who speaks Urdu at home. She appoints her daughter Ayesha as her attorney because Ayesha is fluent in both Urdu and English. If Fatima later develops dementia, Ayesha can communicate with her mother in the language she feels most comfortable in, while also dealing with banks, care homes, and the NHS in English. This kind of practical thinking makes a real difference.
The Mental Capacity Act and Language Barriers
One of the core principles of the Mental Capacity Act 2005 is that a person must not be treated as unable to make a decision simply because they make an unwise decision — or because they communicate differently. Section 1(3) of the Act states that a person is not to be treated as unable to make a decision unless all practicable steps to help them do so have been taken without success.
What does this mean for non-English speakers? It means providing an interpreter or translator is one of those “practicable steps.” Not speaking English is not evidence of lacking capacity. A person who fully understands the LPA process in Punjabi, Mandarin, or Arabic has exactly the same legal right to create an LPA as someone who understands it in English.
Key point: If anyone suggests that a non-English speaker cannot make an LPA because of their language, they are wrong. The law specifically protects against this kind of assumption.
Avoiding Common Mistakes When Making an LPA in Another Language
While the process is straightforward, there are a few pitfalls to watch for:
- Don’t submit sections in another language — the preferences, instructions, and all written parts of the form must be in English. If the donor dictates preferences in their own language, these must be translated into English before being added to the form
- Don’t assume family members are the best interpreters — a family member who is also named as an attorney should not act as the interpreter. This creates a conflict of interest that could lead the OPG to question the LPA
- Don’t skip the certificate provider conversation — even with a language barrier, the certificate provider must still have a meaningful discussion with the donor. Using an interpreter or choosing a bilingual certificate provider solves this
- Don’t confuse language difficulty with capacity issues — struggling to express something in English is not the same as lacking the ability to understand. Make sure everyone involved in the process recognises this distinction
For a broader look at errors to avoid, see our guide on common mistakes when creating an LPA.
Step by Step: Making Your LPA with Language Support
If you or someone you are helping needs to create an LPA and English is not their first language, here is a practical roadmap:
- Arrange an interpreter early — decide who will help with translation before you start the process, not on signing day
- Complete the form in English — either with help from a bilingual family member, a solicitor, or an online LPA service like UKLPA
- Have the LPA explained in the donor’s language — go through every section so the donor fully understands what they are agreeing to
- Choose a suitable certificate provider — ideally one who speaks the donor’s language, or arrange for an interpreter to be present during their discussion
- Sign in the correct order — donor first, then certificate provider, then attorneys. The interpreter can be present throughout
- Register with the OPG — submit the completed form with the £92 registration fee. Registration typically takes 8 to 10 weeks
Whatever your circumstances, our guided LPA service helps you create the right documents. See pricing for details.
Key Takeaways
- Language is not a barrier to creating an LPA — the donor does not need to speak, read, or write English to create a valid LPA in England and Wales
- The OPG only accepts English-language forms — the form must be completed in English, but the donor's understanding can be demonstrated in any language
- Use an independent interpreter — the interpreter should not be named as an attorney on the LPA, and their details should be noted in the preferences section
- Choose a bilingual certificate provider where possible — this avoids the need for a third-party interpreter during the capacity confirmation conversation
Common Questions About LPAs When English Is Not Your First Language
Can I create an LPA if I don’t speak English?
Yes. There is no legal requirement for the donor to speak or read English. The LPA form itself must be completed in English, but you can use an interpreter or translator to help you understand the document and the process.
Does the OPG provide LPA forms in other languages?
No. The Office of the Public Guardian only accepts LPA forms completed in English. There are no official translated versions of the form. However, you can have the contents explained to you in your preferred language by an interpreter before you sign.
Can an interpreter help me sign my LPA?
Yes. An interpreter can be present when you sign your LPA to explain the document and the process. The interpreter should not be someone named as an attorney on the LPA. It is good practice to note in the preferences section that an interpreter was used.
Does not speaking English mean I lack mental capacity?
Absolutely not. The Mental Capacity Act 2005 is clear that a person must not be treated as unable to make a decision simply because they communicate in a different language. Capacity is about understanding, not about which language you speak.
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
The Best Time to Act Is Now
Once mental capacity is lost, it’s too late to create an LPA. Don’t wait.
