WILLS AND PROBATE
Lasting Power of Attorney UK
A lasting power of attorney lets you appoint someone to make decisions if you lose mental capacity. This guide explains the two types of LPA, how to register one and what the Mental Capacity Act 2005 requires.
TL;DR
- There are two types of LPA: property and financial affairs, and health and welfare
- An LPA must be registered with the Office of the Public Guardian before it can be used
- Registration costs £82 per LPA (as of 2026); reduced or waived for low-income applicants
- An LPA can only be made while the donor has mental capacity -- it cannot be made after capacity is lost
- Without an LPA, a court-appointed deputy may be required -- a slower and more expensive process
Last reviewed: June 2026
What Is a Lasting Power of Attorney
A lasting power of attorney (LPA) is a legal document under the Mental Capacity Act 2005 that allows a person (the donor) to appoint one or more people (attorneys) to make decisions on their behalf. An LPA can be used if the donor loses mental capacity, or -- in the case of a property and financial affairs LPA -- while the donor still has capacity if they choose.
An LPA is distinct from an ordinary power of attorney, which automatically ceases to have effect if the donor loses mental capacity. An LPA is specifically designed to survive loss of capacity, which is why registration with the Office of the Public Guardian (OPG) is required before it can be used.
The Two Types of LPA
A property and financial affairs LPA allows the attorney to manage the donor's bank accounts, pay bills, collect income and benefits, and deal with property. It can be used while the donor has capacity (if the donor permits this) or only when the donor lacks capacity, depending on what the LPA specifies.
A health and welfare LPA allows the attorney to make decisions about the donor's medical treatment, care arrangements, where they live, and day-to-day welfare. It can only be used when the donor lacks mental capacity to make the specific decision in question. A health and welfare LPA can include a specific provision giving the attorney authority to consent to or refuse life-sustaining treatment.
How to Register an LPA
An LPA must be registered with the Office of the Public Guardian before it can be used. The registration process involves completing the LPA forms (available on GOV.UK), having the forms signed by the donor, the certificate provider (a person confirming the donor understands the LPA and is not under pressure), and the attorneys, and submitting the forms to the OPG with the registration fee.
As of 2026, the registration fee is £82 per LPA. A fee remission scheme applies for donors with gross annual income below £12,000. The OPG registration process typically takes several weeks. An LPA cannot be used until registration is confirmed by the OPG.
Who Can Be an Attorney
An attorney must be 18 or over and have mental capacity themselves. For a property and financial affairs LPA, the attorney must not be subject to a debt relief order or be bankrupt. There is no requirement for an attorney to be a solicitor or professional adviser -- a family member or trusted friend can act as attorney. Multiple attorneys can be appointed to act jointly, jointly and severally, or a combination.
What Happens Without an LPA
If a person loses mental capacity without having made an LPA, no one automatically has legal authority to manage their finances or make welfare decisions. A family member or other person would need to apply to the Court of Protection to be appointed as a deputy. This process is typically slower, more expensive and more administratively burdensome than having a registered LPA in place.
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Disclaimer
This guide is for general information only and does not constitute legal, financial or insurance advice. Kaeltripton is an independent editorial publisher, not regulated by the FCA.
Frequently Asked Questions
How much does it cost to set up an LPA?
The Office of the Public Guardian registration fee is £82 per LPA as of 2026. A fee remission is available for donors with gross annual income below £12,000. Solicitor fees for drafting and advising on an LPA are additional, typically £300 to £500 per LPA.
Can I make an LPA myself without a solicitor?
Yes. The LPA forms are available free on GOV.UK and can be completed without a solicitor. A certificate provider -- a professional or someone who has known the donor for at least two years -- must certify the donor's understanding and consent. Many people use a solicitor to ensure the LPA is correctly completed and to reduce the risk of the OPG rejecting the application.
Can an LPA be cancelled?
Yes. A donor with mental capacity can cancel (revoke) an LPA at any time by notifying the OPG and the attorneys. An attorney can also disclaim (give up) their role. The OPG can cancel an LPA if an attorney is found to have acted improperly.
What is the difference between an LPA and an EPA?
An enduring power of attorney (EPA) was the predecessor to the LPA and could be made before October 2007. Existing EPAs remain valid. EPAs only cover property and financial affairs -- they do not cover health and welfare decisions. New EPAs cannot be created; new documents must use the LPA format.
Sources
- Mental Capacity Act 2005 -- legislation.gov.uk
- Office of the Public Guardian: Make a lasting power of attorney -- GOV.UK
- OPG fees and exemptions -- GOV.UK
