A Lasting Power of Attorney (LPA) is a legal document under the Mental Capacity Act 2005 that lets you — the donor — appoint one or more trusted people (called attorneys) to make decisions on your behalf. The critical feature is that an LPA can continue to be used — or can only be used — after you lose mental capacity, depending on which type you set up.
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This registration step creates a formal safeguard: the OPG checks the document for errors and maintains a public register. Anyone can apply to the OPG to confirm whether a registered LPA exists for a particular person.
It is important to set up an LPA while you have mental capacity to do so. Once you have lost capacity, you can no longer make an LPA — and your family would have to apply to court instead.
This type of LPA authorises your attorneys to manage your financial life, including:
A Property & Financial Affairs LPA can be used while you still have capacity (with your consent), making it useful if you travel frequently, have mobility issues, or simply want someone to help manage administrative tasks. You can restrict it to use only upon incapacity if you prefer.
This type covers decisions about your personal life and medical care:
A Health & Welfare LPA can only be used after you have lost mental capacity. Attorneys cannot override your decisions while you retain capacity — for example, a doctor will always speak to a patient directly if they are capable of making their own decisions.
The donor is the person making the LPA — you. You must be 18 or over and have mental capacity at the time you make it. If there is doubt about your capacity, a medical professional or solicitor may need to confirm it.
Your attorney must be 18 or over and, for a Property & Financial Affairs LPA, must not be bankrupt or subject to a Debt Relief Order at the time of their appointment (though they could be appointed and the LPA would only become invalid if they were bankrupt at the time of use). You can appoint multiple attorneys, in which case you must specify whether they act:
You can also name replacement attorneys who step in if an original attorney dies, loses capacity, or is removed.
An independent certificate provider must sign the LPA to confirm that you understand what you are signing, are not under any pressure, and have mental capacity to make the LPA. A certificate provider must be either:
You can choose up to five people to be notified when the LPA is registered. They have the right to raise an objection with the OPG within three weeks if they believe the LPA should not be registered. Naming people to notify is optional but adds a layer of protection.
| Route | OPG Fee | Professional Fee | Total (Both LPAs) |
|---|---|---|---|
| DIY (gov.uk online) | £82 per LPA | £0 | £164 |
| Will writer / estate planner | £82 per LPA | £150–£350 per LPA | £464–£864 |
| Solicitor | £82 per LPA | £250–£700 per LPA | £664–£1,564 |
| Charity specialist (e.g., Age UK) | £82 per LPA | Varies (often free) | £164+ |
The OPG target is currently 8–20 weeks from receipt of a correctly completed application. Online applications tend to be processed faster than paper forms. You should allow time for:
The total time from starting the forms to receiving a registered LPA can be four to six months. Do not delay making an LPA — illness or accidents can happen without warning, and you cannot make an LPA once you have lost capacity.
Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. EPAs made before 1 October 2007 remain legally valid and can still be registered and used, but they only cover property and financial matters — they have no equivalent of a Health & Welfare LPA. If you or a relative has an old EPA, it is strongly advisable to also make a Health & Welfare LPA to cover medical and care decisions. An EPA must be registered with the OPG when the donor is beginning to lose mental capacity.
Each bank must be notified separately. Provide the registered original LPA (with the OPG stamp); the bank will take a certified copy. Most major UK banks have a dedicated Power of Attorney team. Some banks allow online registration; others require an in-branch visit. Joint accounts present fewer complications — either joint account holder can continue to operate the account — but a sole account in the donor's name requires a registered LPA.
A Property & Financial Affairs LPA allows an attorney to sell property on the donor's behalf. The Land Registry will require a certified copy of the registered LPA. If the donor is a beneficial co-owner of a property, the attorney cannot simply transfer the property to themselves without court approval unless a restriction has been placed on the title.
A Health & Welfare LPA allows attorneys to consent to or refuse medical treatment. Healthcare professionals must act in the donor's best interests under the Mental Capacity Act 2005 and should consult the attorney before making significant treatment decisions. In an emergency, medical staff may act without consulting the attorney if delay would be dangerous.
The LPA form has space for:
Instructions that are too broad, contradictory, or unlawful will cause the OPG to return the form. Keep instructions clear, specific, and legally sound.
A Lasting Power of Attorney (LPA) is a legal document that lets you (the donor) appoint one or more trusted people (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types: Property & Financial Affairs LPA and Health & Welfare LPA. Both must be registered with the Office of the Public Guardian (OPG) before they can be used.
The OPG registration fee is £82 per LPA (£164 for both). This is in addition to any professional fees. DIY LPAs cost only the £82 OPG fee. A will writer may charge £300–£700 for both LPAs combined. A solicitor typically charges £500–£1,500. Fee remission is available for those on low incomes or receiving means-tested benefits.
If you lose mental capacity without an LPA in place, your family cannot simply take over managing your affairs. They would need to apply to the Court of Protection for a Deputyship Order, which typically costs £3,000–£5,000 in legal fees, takes several months, and requires ongoing annual supervision by the court. A Deputyship is more restrictive and much more expensive than an LPA set up in advance.
The OPG currently takes between 8 and 20 weeks to register an LPA once they receive the application. Processing times vary depending on demand and whether any errors are found in the forms. Online applications via the gov.uk Make an LPA service tend to be processed slightly faster. Allow for a total of four to six months from starting to receiving the registered document.
Yes, once a Property & Financial Affairs LPA is registered with the OPG, you can use it to access bank accounts, manage investments, pay bills, and even sell property on the donor's behalf. You must notify each bank separately, providing the original registered LPA. Banks will take a certified copy. Most major UK banks have dedicated teams for LPA registrations.
Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. EPAs made before that date remain valid but only cover property and financial matters — there is no Health & Welfare equivalent. EPAs must be registered with the OPG when the donor starts to lose capacity. If you have an old EPA, it is advisable to also create a Health & Welfare LPA.
Yes. You can add instructions (binding conditions your attorney must follow) and preferences (guidance your attorney should take into account). Instructions must be clear and lawful or the OPG will return the form. Examples: requiring the attorney to consult a financial adviser before large transactions, or specifying care preferences in a Health & Welfare LPA.