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A lasting power of attorney lets you appoint someone to manage your affairs if you lose mental capacity. Without one your family must apply to the Court of Protection — a process costing £3,000 or more and taking months. The OPG registration fee is just £82 per LPA making this one of the lowest-cost highest-impact documents in UK financial planning.
Registration fee per LPA
£82
Office of the Public Guardian 2026
Typical OPG registration time
20 weeks
Apply as early as possible
Court of Protection cost without LPA
£3,000+
If capacity lost before LPA registered
Why this matters in 2026
The Office of the Public Guardian is currently taking approximately 20 weeks to register LPAs. Anyone who loses capacity during the registration period cannot use the LPA until registration is complete. With registration taking nearly five months applying immediately rather than waiting is essential. Once capacity is lost the LPA cannot be signed regardless of the circumstances.
In this report
01
The two types of LPA
There are two types in England and Wales. A property and financial affairs LPA allows your attorney to manage bank accounts, property, investments and financial matters. A health and welfare LPA allows decisions about medical care, living arrangements and welfare. Both are strongly recommended.
The property and financial LPA can be used while you still have capacity with your permission — useful for practical management if you are ill or travelling. The health and welfare LPA can only be used once capacity is lost. Each costs £82 to register. A couple creating both types pays £328 total.
Key insight
Creating both LPAs costs £164 per person in registration fees. The Court of Protection deputyship that replaces them if none exists typically costs £3,000 to £5,000 in legal fees plus ongoing annual supervision charges.
02
How to create an LPA
An LPA can be created via the OPG online service at gov.uk or on paper forms. The online service guides you through each step and reduces errors that could invalidate the document. The document must be signed by the donor, a certificate provider confirming the donor understands and is not under pressure, and the attorneys.
A solicitor can prepare an LPA for approximately £300 to £600 per document including registration. Using the OPG service yourself costs just £82 per document.
Key insight
Using the OPG online service yourself costs £164 for both LPAs. Using a solicitor for both typically costs £700 to £1,300 including professional fees and registration.
Important
Errors in the LPA form result in rejection by the OPG requiring the process to restart. If the donor has health conditions or complex family circumstances use a solicitor.
03
Choosing your attorneys
Choose someone you trust completely who is financially responsible and understands your wishes. You can appoint multiple attorneys and specify whether they must act jointly (all must agree), jointly and severally (any can act alone) or a combination. Jointly and severally is the most practical as the LPA continues if one attorney dies or loses capacity.
Consider appointing a replacement attorney. Without one if your sole attorney cannot act the LPA becomes unusable requiring a new Court of Protection application.
Key insight
Appointing two attorneys jointly and severally with a named replacement provides the most resilient structure — the LPA remains usable even if one attorney dies or loses capacity.
Important
Do not appoint a bankrupt person as attorney for a property and financial affairs LPA. Bankruptcy automatically disqualifies an individual from acting in this role.
04
Registration and the 20-week delay
The LPA must be registered with the OPG before use. Current processing time is approximately 20 weeks. During registration the LPA cannot be used even if the donor loses capacity in the interim.
This is the most critical timing risk. Anyone who falls ill during the 20-week window faces the same outcome as having no LPA at all until registration is complete. Apply immediately. Registration is valid indefinitely once completed.
Key insight
The 20-week registration delay means an application submitted today cannot be used until approximately September 2026. Apply now rather than waiting for a health event to trigger the decision.
Important
An unregistered LPA cannot be used under any circumstances. Registration with the OPG is mandatory regardless of whether the donor still has capacity when registration is submitted.
05
Scotland and Northern Ireland
LPAs apply in England and Wales only. Scotland uses a continuing power of attorney for financial matters and a welfare power of attorney for health and welfare, both registered with the Office of the Public Guardian Scotland. Northern Ireland uses an enduring power of attorney.
Anyone with property or financial interests in multiple jurisdictions should take legal advice on whether documents are needed in each.
Key insight
A Scottish resident with property in England should consider creating both a Scottish continuing power of attorney and an English property and financial affairs LPA to cover assets in both jurisdictions.
Action checklist
- Create both types of LPA — property and financial affairs plus health and welfare
- Use the OPG online service at gov.uk/power-of-attorney or instruct a solicitor
- Choose attorneys carefully and appoint at least one replacement attorney
- Submit the registration application immediately given the 20-week processing time
- Store the registered LPA safely and tell your attorneys where it is
- Inform your bank and financial institutions that an LPA exists once registered
- Review the LPA every five years or when personal circumstances change significantly
Sources
- Mental Capacity Act 2005
- Office of the Public Guardian LPA guidance: gov.uk/power-of-attorney
- OPG registration fees: gov.uk/power-of-attorney/make-lasting-power
- Court of Protection fees order 2007 (as amended)
- Law Society Wills and Probate guidance 2025
Disclaimer: For information only. Not financial, tax or legal advice. Consult a qualified adviser before making decisions. Figures correct April 2026.
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