Power of attorney UK 2026: LPA types, how to register and costs

Chandraketu Tripathi

Finance Editor, Kaeltripton

Published 10 May 2026

Last reviewed 10 May 2026

✓ Fact-checked

Pensions

TL;DR

A Lasting Power of Attorney lets you appoint someone to manage your finances or make health decisions if you lose mental capacity. There are two types: property and financial affairs, and health and welfare. Both must be registered with the Office of the Public Guardian before use. Registration costs £82 per LPA in England and Wales. You must make one while you still have capacity - it cannot be created afterwards.

A Lasting Power of Attorney (LPA) is one of the most important legal documents an adult can make. Without one, if you lose mental capacity through illness, dementia, or accident, no one - not a spouse, adult child, or close relative - can automatically manage your finances or make health decisions on your behalf. They would need to apply to the Court of Protection for a deputyship order, a process that is significantly more expensive, slower, and more restrictive than having a registered LPA in place.

In England and Wales, LPAs are governed by the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG). Scotland uses a separate system under the Adults with Incapacity (Scotland) Act 2000; Northern Ireland operates Enduring Powers of Attorney. This guide covers the England and Wales framework. The OPG processed over one million LPA registrations in 2024, reflecting growing public awareness of the need to plan ahead.

Key facts (2026)

Two types of LPA in England and Wales: Property and Financial Affairs LPA, and Health and Welfare LPA. Each is a separate document requiring separate registration with the OPG (gov.uk / OPG).
Registration fee: £82 per LPA payable to the OPG. Fee remission is available for those on means-tested benefits or with annual income below £12,000 (Office of the Public Guardian).
Current OPG registration processing time: 8 to 20 weeks from receipt of a correctly completed application (OPG, 2026).
You must have mental capacity at the time of making the LPA. Once capacity is lost, an LPA cannot be made; Court of Protection deputyship is the only alternative, currently costing £371 to apply plus ongoing supervision fees (Ministry of Justice).
An LPA must be registered before it can be used, even if the donor still has capacity. An unregistered LPA has no legal effect (Mental Capacity Act 2005).

The two types of LPA

The Property and Financial Affairs LPA authorises your attorney to manage your bank accounts, pay bills, collect income and benefits, sell property, and make investment decisions on your behalf. You can specify in the LPA whether the attorney can use it while you still have capacity (immediately) or only if you lose capacity. Most people allow immediate use so the attorney can help with day-to-day financial matters if needed, even while the donor remains capable. The Health and Welfare LPA authorises your attorney to make decisions about medical treatment, care arrangements, where you live, and your daily routine, but only when you have lost the capacity to make those decisions yourself. It cannot be used while you retain capacity, unlike the property LPA which can be granted immediate effect. Both LPAs should be considered together: the financial LPA protects your assets and bill-paying ability, while the health LPA ensures your care preferences are respected.

Who can be an attorney

An attorney must be 18 or over and, for a property and financial affairs LPA, must not be bankrupt or subject to a debt relief order at the time of appointment. There is no requirement for the attorney to be a solicitor or professional; most people appoint a spouse, adult child, or trusted friend. You can appoint multiple attorneys and specify whether they must act jointly (all must agree on every decision) or jointly and severally (each can act alone). Joint and several is more flexible and avoids decisions being paralysed if one attorney is unavailable. You can also appoint replacement attorneys who step in if an original attorney can no longer act. A certificate provider - an independent person who confirms you understand the LPA and are not being pressured - must sign the document; this can be a professional such as a GP or solicitor, or someone who has known you for at least two years who is not a family member or your attorney.

How to make and register an LPA

LPAs can be created using the OPG's online service at gov.uk/power-of-attorney or by completing paper forms LP1F (financial) and LP1H (health). The online service guides you through the required sections, generates the forms for signing, and allows electronic submission for registration. The paper route is still available for those who prefer it or cannot use online services. Once the forms are completed and signed by all required parties - the donor, attorneys, certificate provider, and any people to notify - the LPA is submitted to the OPG with the £82 registration fee per LPA. The OPG carries out checks, contacts any people named to be notified, and registers the document. After registration, the OPG returns the stamped original documents, which must be presented to banks, healthcare providers, and other institutions when the LPA is used. Keep registered originals securely; certified copies can be made by a solicitor if needed.

What happens without an LPA

If you lose mental capacity without a registered LPA, the only legal route for a family member to manage your affairs is to apply to the Court of Protection to become a deputy. The application fee is currently £371. If the court appoints a deputy, they are subject to ongoing OPG supervision and must file annual reports. Deputies who manage finances may need to purchase a surety bond. The annual supervision fee charged by the OPG depends on the level of supervision required - from £35 for minimal supervision to £320 or more for general supervision. The total cost and time burden of deputyship significantly exceeds the one-off cost of making an LPA in advance. A deputyship application also provides no guarantee the court will appoint the family member who applied; the court acts in the person's best interests and may appoint a professional deputy in complex cases.

Attorney duties and safeguards

Attorneys acting under an LPA have legal duties under the Mental Capacity Act 2005. They must act in the donor's best interests, not for their own benefit. They must consider the donor's past and present wishes, feelings, beliefs, and values. They must use the least restrictive option when making decisions. Attorneys must keep their own finances separate from the donor's and keep records of decisions made. The OPG investigates complaints about attorneys and can apply to the Court of Protection to revoke an LPA if an attorney is found to have acted improperly. If you have concerns about how an attorney is acting, report them to the OPG via the safeguarding team at gov.uk/report-concern-about-attorney-deputy-guardian.

Related guides

Frequently asked questions

Can I make an LPA myself without a solicitor?

Yes. The OPG provides free online and paper forms to create an LPA without professional help. Many people make their own LPAs successfully using the gov.uk service. A solicitor can help if your circumstances are complex - for example, if you have a business, multiple properties, or concerns about family dynamics - but is not legally required. The OPG registration fee is the same whether you use a solicitor or not.

Can an attorney make gifts on my behalf?

A property and financial affairs attorney can make gifts on your behalf only in limited circumstances: customary occasion gifts to people related to or connected with you (such as birthdays and Christmas) of a reasonable value given your financial situation, and charitable donations you made before losing capacity. Any larger gifts require Court of Protection approval. Attorneys who make gifts beyond these limits risk having the LPA revoked and may face personal liability for the excess.

What is the difference between an LPA and an Enduring Power of Attorney?

Enduring Powers of Attorney (EPAs) were the predecessor to LPAs and could be made until October 2007. Existing registered EPAs remain valid for property and financial affairs. However, EPAs cannot be made any more; only LPAs are available for new arrangements. EPAs had no health and welfare equivalent, which is one reason LPAs were introduced. If you have an old EPA, check it is registered or register it with the OPG now while it is still valid.

How long does LPA registration take?

The OPG's current processing time is 8 to 20 weeks from receipt of a correctly completed application. If the forms contain errors or are incomplete, processing takes longer as the OPG will return them for correction. The OPG provides an online tool to check the status of a submitted application. Allow plenty of time; registering an LPA before it is urgently needed is strongly advisable.

Can I cancel an LPA if I change my mind?

Yes, provided you still have mental capacity. You can revoke an LPA at any time while you have capacity by completing a deed of revocation and notifying the OPG and your attorneys in writing. The OPG will cancel the registration. If you lose capacity and then regain it, you can revoke the LPA at that point. Once capacity is permanently lost, the LPA cannot be revoked by the donor.

How we verified this guide

All LPA rules and fees were verified against the Mental Capacity Act 2005, OPG guidance on gov.uk, Court of Protection fee schedules, and Citizens Advice LPA resources during May 2026. We do not accept payment from legal service providers and do not earn commission on will or LPA referrals.

Disclaimer: This guide is information only, not legal or financial advice. Rules and fees change. Always check the primary sources cited and consult a regulated solicitor for decisions about your own circumstances.

Primary sources

Last reviewed: May 2026.