Lasting Power of Attorney FAQ

A Lasting Power of Attorney is a legal document that lets you choose someone you trust to make decisions on your behalf if you become unable to make them yourself. This could happen due to illness, injury, or age-related conditions such as dementia. There are two types of LPA, and you can make one or both. Read our full guide to LPAs.

Property & Financial Affairs LPA covers decisions about your money, property, bills, bank accounts, pensions, and investments. It can be used while you still have mental capacity if you choose. Learn more.

Health & Welfare LPA covers decisions about your medical treatment, care, daily routine, and where you live. This can only be used when you are no longer able to make these decisions yourself. Learn more.

Yes. Many people assume their spouse, children, or next of kin can automatically manage their affairs if something happens to them. This is not the case. Without an LPA, your family would need to apply to the Court of Protection, which is expensive (often over £1,000), stressful, and can take many months. An LPA gives you control over who makes decisions for you and avoids this difficult process for your loved ones. See what happens without an LPA.

You can make an LPA at any age from 18 onwards, as long as you have mental capacity. While LPAs are commonly associated with older people, accidents and unexpected illnesses can happen at any age. Many people choose to set up an LPA in their 50s or 60s, but there is no wrong time to do it. The important thing is to do it while you are still able to.

It depends on the stage of the condition. You can make an LPA as long as you have the mental capacity to understand what it is and what it does at the time of signing. If you have an early-stage diagnosis, it is important to act quickly. Your certificate provider will need to confirm that you understand the document. If there is any doubt, a medical professional can act as your certificate provider. Read our guide on LPAs and dementia.

If you lose the ability to make decisions and you do not have an LPA in place, someone will need to apply to the Court of Protection to become your “Deputy”. This process typically costs over £1,000, takes several months, and involves ongoing annual supervision fees. Your family will have no legal authority to manage your finances or make health decisions until the court grants it. Learn more about losing capacity without an LPA.

No. A Will sets out what happens to your money and belongings after you die. An LPA is used while you are alive but unable to make decisions for yourself. They serve different purposes and you should ideally have both.

We handle the entire document preparation for you. You complete a simple online questionnaire, and we prepare your LPA documents based on your answers. Every document is reviewed for accuracy before being sent to you. You also get access to a dedicated client portal where you can track progress, download documents, and message us directly. We include step-by-step signing instructions and a mistake prevention guarantee.

Our preparation fee is £89 for a single LPA or £149 for both LPAs. In addition, the Office of the Public Guardian charges a government registration fee of £92 per LPA. There are no hidden fees. See our full cost breakdown.

No. You do not need a solicitor to create an LPA. Our service guides you through the entire process step by step. We prepare your documents, check them for errors, and provide clear signing instructions. If you have particularly complex circumstances (for example, a large business or overseas property), you may wish to seek additional legal advice, but for the vast majority of people our service is all you need. Read our guide on whether you need a solicitor.

Step 1: Complete our simple online questionnaire about yourself, your chosen attorneys, and your preferences.
Step 2: We prepare your LPA documents and review them for accuracy.
Step 3: We send your documents to you with clear signing instructions.
Step 4: You sign the documents in the correct order with your certificate provider and attorneys.
Step 5: Submit the signed documents to the Office of the Public Guardian for registration.

We typically prepare your documents within a few working days of receiving your completed questionnaire. The signing process depends on how quickly you can arrange to sign with your certificate provider and attorneys. Once signed, registration with the OPG takes 8 to 10 weeks. From start to finish, the whole process usually takes around 3 to 4 months.

We check every LPA document before it is sent to you. If there is an error in our document preparation, we will correct it at no additional cost. This gives you peace of mind that your documents will be right first time.

Yes. Every client has access to a dedicated online portal where you can see exactly where your LPA is in the process, download your documents, view signing instructions, and send us messages. You will also receive email updates at key stages.

Yes. We take data protection very seriously. Your information is encrypted and stored securely. We only use your details for the purpose of preparing your LPA documents and will never share them with third parties without your consent.

Yes, the signing order is very important. The LPA must be signed in this exact order:

1. The Donor (you) signs first (Section 9)
2. The Certificate Provider signs next (Section 10)
3. The Attorneys sign last (Section 11)

If the documents are signed in the wrong order, the Office of the Public Guardian will reject the application. We provide clear, step-by-step signing instructions with every order. Read more about signing order.

Yes. Your signature as the Donor must be witnessed by someone. Your certificate provider can act as your witness. Each Attorney's signature must also be witnessed. The witness must be aged 18 or over and cannot be the person whose signature they are witnessing. The witness does not need to read the LPA or know what it says.

No. Currently, LPAs must be signed by hand using a wet ink signature. Electronic and digital signatures are not accepted by the Office of the Public Guardian.

Registration with the Office of the Public Guardian typically takes 8 to 10 weeks. During busy periods it can sometimes take longer. You will receive the registered LPA documents by post once registration is complete.

The Office of the Public Guardian charges £92 per LPA to register it. This fee is paid directly to the OPG and is separate from our service fee. If you are making both types of LPA, the total government fee would be £184. You may be eligible for a reduced fee or exemption if you are on a low income or receive certain benefits. Learn more about the registration fee.

A Property & Financial Affairs LPA can be used as soon as it is signed, even before registration, as long as you have mental capacity and have chosen to allow this. However, many banks and organisations prefer to see a registered LPA. A Health & Welfare LPA can only be used after registration and only when you lack mental capacity.

If there is an issue with your application, the OPG will write to you explaining what the problem is. Common reasons include incorrect signing order or missing signatures. If the rejection is due to an error in our document preparation, we will correct it at no additional cost under our mistake prevention guarantee.

Choose someone you trust completely. This is usually a spouse, partner, adult child, close family member, or trusted friend. They must be aged 18 or over and have mental capacity. Think about whether they are reliable, good with money (for a financial LPA), and willing to act in your best interests. You can appoint more than one Attorney.

Yes. You can appoint multiple Attorneys and decide how they make decisions. “Jointly” means they must all agree on every decision. “Jointly and severally” means they can make decisions together or independently. You can also mix the two, requiring them to act jointly for major decisions (like selling a house) but independently for day-to-day ones.

A Replacement Attorney is someone you name as a backup. They step in if one of your original Attorneys can no longer act, for example due to death, illness, or if they choose to stop being your Attorney. It is a good idea to appoint at least one Replacement Attorney to avoid the need to create a new LPA.

Your Certificate Provider is an impartial person who protects your interests by checking that you understand the LPA and are making it of your own free will. They must be aged 18 or over and have mental capacity. They can be one of two types:

1. Someone who has known you personally for at least 2 years
This could be a friend, neighbour, someone from a social or sports club, or a work colleague. They must know you well enough to have an honest, private conversation with you about the LPA — they cannot just be an acquaintance. They cannot be a relative.

2. Someone with relevant professional skills
This is usually a registered healthcare professional (such as your GP), a solicitor, barrister, registered social worker, or an independent mental capacity advocate (IMCA). A professional may charge a fee for this service.

Important: The Certificate Provider should discuss the LPA with you in private, without your Attorneys or anyone else present.

Yes, your spouse or partner can absolutely be your Attorney. This is one of the most common choices. However, it is a good idea to also appoint a Replacement Attorney in case your spouse is unable to act (for example, if they become unwell at the same time as you).

The Certificate Provider has an important role in protecting you. Before signing, they must:

1. Have a private conversation with you about the LPA, ideally without your Attorneys or anyone else present
2. Satisfy themselves that you understand what the LPA is and the power you are giving to your Attorneys
3. Check that nobody is pressuring you or influencing you to make the LPA against your wishes
4. Sign the LPA to certify all of the above

Important: You (the Donor) must sign the LPA before the Certificate Provider. The Certificate Provider can also act as the witness to your signature.

The following people are not allowed to act as your Certificate Provider. This is to protect you and ensure your LPA is made freely:

• Any Attorney or Replacement Attorney named in this or any other LPA you have made
• A family member of yours or of any of your Attorneys — including spouses, civil partners, children, parents, siblings, grandparents, grandchildren, uncles, aunts, nieces, nephews, in-laws and step-relations
• An unmarried partner, boyfriend or girlfriend of yours or any of your Attorneys
• A business partner of yours or any of your Attorneys
• An employee of yours or any of your Attorneys
• Anyone running or working for a care home where you live, or a member of their family
• Anyone running or working for a trust corporation appointed as an Attorney
• You (the Donor)

In short: Your Certificate Provider must be genuinely independent from you and your Attorneys. If in doubt, choose a professional such as your GP or a solicitor.

When you make an LPA, you can name people who will be told when the LPA is about to be registered. These people have the right to raise concerns with the Office of the Public Guardian if they believe there is a problem, for example if they think you are being pressured. Naming people to notify adds an extra layer of protection. It is optional but recommended.

You cannot amend a registered LPA. If you need to make changes, for example to add or remove an Attorney, you would need to cancel (revoke) the existing LPA and create a new one. This is why it is important to think carefully about your choices before signing.

Yes. As long as you have mental capacity, you can cancel (revoke) your LPA at any time by completing a “Deed of Revocation” and notifying the Office of the Public Guardian and your Attorneys. If you have lost mental capacity, only the Court of Protection can revoke it.

Keep your registered LPA in a safe, secure place and make sure your Attorneys know where to find it. You may also want to keep a certified copy in a separate location. Avoid storing it somewhere that would be difficult to access in an emergency. You can also request the OPG to store a digital copy on their online service.

Your Attorneys will need to show the registered LPA (or a certified copy) to any organisation they need to deal with on your behalf, such as your bank, doctor, or care home. Most organisations are familiar with LPAs and will have a process for registering your Attorney's authority on your accounts.

Yes, all UK banks and building societies are legally required to accept a valid, registered LPA. Your Attorney will need to visit or contact the bank with the original registered LPA or a certified copy. Some banks have a dedicated team for this. It is a good idea for your Attorney to register the LPA with your bank before it is actually needed, so everything is in place.

Your Attorney has a legal duty to act in your best interests at all times, consider your past and present wishes, consult with relevant people, and keep your finances separate from their own. They must not take advantage of their position. If they fail in these duties, they can be investigated and removed by the Court of Protection.

The Donor is you — the person making the LPA. You are “donating” the power to make decisions to someone else. You must be aged 18 or over and have mental capacity when you make the LPA.

In an LPA, Attorney simply means the person you choose to make decisions on your behalf. It does not mean a lawyer or solicitor. It can be anyone you trust, such as a family member or close friend, as long as they are aged 18 or over.

A Certificate Provider is an impartial person who signs your LPA to certify that:

• You understand the significance of your LPA
• Nobody is pressuring you into making it
• There has been no fraud involved
• There is no other reason for concern

They must discuss the LPA with you — ideally in private, without your Attorneys present. They can be someone who has known you well for at least 2 years (such as a friend or neighbour, but not a relative), or a professional such as your GP, solicitor, or social worker. They cannot be a family member, an Attorney, or anyone connected to your Attorneys. You must sign the LPA before the Certificate Provider signs — and the Certificate Provider can witness your signature.

Mental capacity means the ability to understand information, remember it, weigh it up, and communicate a decision. Under the Mental Capacity Act 2005, a person is assumed to have capacity unless it is established otherwise. Capacity is assessed at the time a specific decision needs to be made — a person may have capacity for some decisions but not others.

The Office of the Public Guardian (OPG) is the government body responsible for registering LPAs and supervising attorneys and deputies. They make sure the system works properly and that people who lack capacity are protected. Your completed LPA must be sent to the OPG for registration before it can be used.

The Court of Protection is a specialist court that makes decisions about the property, finances, and personal welfare of people who lack mental capacity. If you do not have an LPA, someone would need to apply to this court to become your “Deputy” — a much longer and more expensive process.

Jointly means your Attorneys must all agree and act together on every decision. If one Attorney is unavailable or dies, the others can no longer act (unless you have Replacement Attorneys).

Jointly and Severally means your Attorneys can make decisions together or on their own. This is more flexible and usually recommended, as it means decisions can still be made if one Attorney is unavailable.

A Deputy is someone appointed by the Court of Protection to make decisions for a person who has lost mental capacity and does not have an LPA in place. Applying to become a Deputy is more expensive, takes longer, and involves ongoing supervision and fees. An LPA avoids the need for this.

To revoke an LPA means to officially cancel it. As long as you have mental capacity, you can revoke your LPA at any time. You would need to complete a Deed of Revocation and notify the OPG and your Attorneys.

A Deed of Revocation is a formal document used to cancel a registered LPA. It must be signed and witnessed, and copies must be sent to the OPG and all Attorneys named in the LPA.

Preferences are things you would like your Attorneys to think about when making decisions, but they are not legally binding. For example, “I would prefer to stay in my own home for as long as possible.”

Instructions are rules your Attorneys must follow. They are legally binding. For example, “My Attorney must not sell my house without consulting my children.” Be careful with instructions, as overly restrictive ones can make it difficult for your Attorneys to act.

Registration is the process of submitting your signed LPA to the Office of the Public Guardian to make it officially valid. An unregistered LPA cannot be used (except in limited circumstances for Property & Financial Affairs LPAs). Registration typically takes 8 to 10 weeks and costs £92 per LPA.