TL;DR
A lasting power of attorney (LPA) lets you appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: property and financial affairs, and health and welfare. Each must be registered with the Office of the Public Guardian before it can be used. Registration takes up to 20 weeks and costs PS82 per LPA in England and Wales.
Last reviewed: 10 May 2026
What Is a Lasting Power of Attorney?
A lasting power of attorney is a legal document made under the Mental Capacity Act 2005 that allows a person (the donor) to appoint one or more individuals (attorneys) to make decisions on their behalf. Critically, an LPA can remain valid - or be activated - after the donor has lost the mental capacity to make their own decisions, which distinguishes it from an ordinary power of attorney.
The detailed registration process and safeguards are set out in the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. The Office of the Public Guardian (OPG) maintains the register and supervises attorneys.
Without an LPA in place, the only way to manage another person's affairs after they lose capacity is to apply to the Court of Protection for a deputyship order - a process that costs considerably more and takes longer than registering an LPA in advance.
The Two Types of LPA
Each LPA covers a different area of decision-making, and you need a separate document for each:
| Type | What it covers | When it can be used |
|---|---|---|
| Property and financial affairs | Bank accounts, investments, property, bills, tax | With donor's consent while they have capacity, or when capacity is lost |
| Health and welfare | Medical treatment, care home decisions, daily routine | Only when donor lacks capacity to make that specific decision |
The property and financial affairs LPA can be used while the donor still has capacity, with their permission. The health and welfare LPA can only be activated once the donor no longer has capacity for the specific decision in question.
How to Set Up an LPA: Step-by-Step
You can complete the forms online via the OPG's digital service at gov.uk or on paper. The online route is faster and prompts you through each section.
- Choose your attorneys: You can appoint more than one attorney. Specify whether they act jointly (must agree on all decisions) or jointly and severally (can act independently). Jointly and severally is generally more practical for everyday decisions.
- Appoint a replacement attorney (optional): A replacement steps in if an attorney dies, loses capacity or resigns.
- Choose certificate provider: A certificate provider must sign to confirm the donor understands the LPA and is not under duress. This must be either a professional with relevant knowledge (solicitor, GP, social worker) or someone who has known the donor personally for at least two years but is not related to them and is not an attorney.
- Notify people (optional): You can name up to five people to be notified when the LPA is registered. They have three weeks to raise concerns with the OPG.
- Sign the LPA: The donor signs first, then each attorney, then the certificate provider. The signatures must be witnessed by someone who is not an attorney or their spouse/civil partner.
- Register with the OPG: Submit the completed form with the registration fee. As of 2026, the fee is PS82 per LPA. Those receiving means-tested benefits pay a reduced fee of PS41, and those on very low incomes may qualify for a full exemption. Registration details at gov.uk.
Costs and Timescales in 2026
| Item | Cost (2026) |
|---|---|
| OPG registration fee (per LPA) | PS82 |
| OPG fee (means-tested 50% reduction) | PS41 |
| OPG fee exemption (income below PS12,000) | PS0 |
| Solicitor fees (full service, both LPAs) | PS700 - PS1,500 typically |
| OPG registration timescale | Up to 20 weeks |
| Court of Protection deputyship (if no LPA) | PS3,000 - PS5,000+ initial cost |
Registration timescales have varied significantly in recent years. The OPG's current average should be confirmed at gov.uk/power-of-attorney/register before you plan around a specific date. The OPG sends a reference number when the application is received, and the registered LPA is returned by post.
Safeguards and Duties of Attorneys
The Mental Capacity Act 2005 imposes a series of statutory principles on attorneys. An attorney must:
- Assume the donor has capacity unless there is evidence to the contrary
- Support the donor to make their own decisions wherever possible
- Act in the donor's best interests when they do lack capacity
- Choose the least restrictive option available
- Not profit from their role or mix the donor's funds with their own (financial LPA)
- Keep financial records (financial LPA)
The OPG investigates concerns about attorneys. If an attorney is found to have acted improperly, the Court of Protection can revoke the LPA and remove the attorney. Anyone can raise a concern via the OPG's safeguarding referral process at gov.uk/report-concern-about-attorney.
Common Scenarios and Edge Cases
Donor loses capacity before the LPA is registered: The LPA cannot be registered after the donor has lost capacity. The certificate provider's role exists precisely to confirm that the donor had capacity and was not under pressure at the time of signing. If this window is missed, a Court of Protection deputyship application becomes necessary.
Attorneys disagree when appointed jointly: Where attorneys are appointed to act jointly, a deadlock means no decision can be made. The LPA should specify a mechanism for resolving disagreements, or consider appointing a sole attorney with a named replacement.
Using the financial LPA overseas: Foreign banks and institutions are not obliged to recognise a UK LPA. Some countries require a local power of attorney or apostille certification. Legal advice in the relevant jurisdiction is essential before attempting to use a UK LPA abroad.
Enduring powers of attorney (EPAs): EPAs were replaced by LPAs from 1 October 2007. Any EPA signed before that date remains valid and can be registered with the OPG when the donor begins to lose capacity. An EPA cannot be created today.
Time Limits and Key Dates
| Stage | Timescale |
|---|---|
| Notification period (if people to notify named) | 3 weeks from OPG notification letter |
| OPG registration (current estimate) | Up to 20 weeks |
| Objection window (attorneys/certificate providers) | 3 weeks from OPG registration notification |
| Court of Protection deputyship (no LPA) | 6-12+ months |
Disclaimer: Kaeltripton.com is an independent editorial publisher, not authorised or regulated by the FCA. Content is for informational purposes only and does not constitute financial, legal or tax advice. Always consult a qualified solicitor, financial adviser or tax professional before making decisions.
Frequently Asked Questions
How long does an LPA take to register in 2026?
The Office of the Public Guardian's current estimate is up to 20 weeks from receipt of a correctly completed application. Timescales have fluctuated with demand. Applications submitted online via the OPG portal are processed in the same queue as paper applications. The OPG provides a reference number on receipt and posts the stamped, registered LPA back to the applicant. It is advisable to apply well in advance of any anticipated need.
Can I make an LPA myself without a solicitor?
Yes. The forms are available free of charge through the gov.uk online LPA tool at gov.uk/power-of-attorney. The OPG's guidance notes explain each section. You still need a certificate provider - someone qualified or who has known you personally for two years - and a witness for each signature. DIY LPAs are legally valid if completed correctly. Errors that require the OPG to return the form restart the timescale. Many people use a solicitor to reduce the risk of rejection.
What is the difference between an LPA and a power of attorney?
An ordinary power of attorney is only valid while the donor has mental capacity. A lasting power of attorney (LPA) can continue - or be activated - when the donor loses capacity, which is its primary purpose. LPAs must be registered with the Office of the Public Guardian before they can be used. An enduring power of attorney (EPA) was the precursor to the LPA and is no longer available to create, though pre-October 2007 EPAs remain valid.
Who can be an attorney on an LPA?
An attorney must be aged 18 or over and, for a property and financial affairs LPA, must not be subject to a debt relief order or individual voluntary arrangement (IVA) or be an undischarged bankrupt. Attorneys are typically a spouse, civil partner, adult child, sibling or trusted friend. You can appoint a professional attorney such as a solicitor, though professional fees would apply. An attorney cannot be the certificate provider on the same LPA.
What happens if I lose capacity without an LPA?
If no LPA has been registered, nobody has the automatic legal authority to manage your finances or make healthcare decisions on your behalf - not even a spouse. A family member or other party would need to apply to the Court of Protection for a deputyship order. This process typically costs PS3,000 to PS5,000 or more in court and legal fees, takes six months to a year, and involves ongoing annual reporting requirements to the OPG. This is why registering LPAs in advance is strongly recommended.
How We Verified This Information
Further practical guidance was cross-checked against citizensadvice.org.uk.
All procedural details and fee amounts were verified against the Office of the Public Guardian's current guidance at gov.uk/power-of-attorney and the OPG's fee remission page as of May 2026. References to the Mental Capacity Act 2005 and the LPA Regulations 2007 were cross-checked against legislation.gov.uk. The deputyship cost range is drawn from OPG and MoneyHelper published estimates.