An LPA lets you choose who makes decisions for you if you ever lose the ability to make them yourself. Setting one up while you have capacity is one of the most important things a person can do. This guide explains how.
The most important thing to know: An LPA must be set up while you have mental capacity. Once capacity is lost, it is too late — the only alternative is applying to the Court of Protection, which is slow, expensive and stressful for everyone. Don't delay.
Covers bank accounts, property, bills, investments, tax and financial decisions. Can be used while the person still has capacity if they choose, or only when capacity is lost.
Covers medical treatment, care arrangements, where the person lives, day-to-day care decisions. Can only be used when the person lacks capacity to make the specific decision themselves.
Most people choose to make both types. You can set up one or both — they are separate documents with separate registration fees.
An LPA is relevant to every adult — not just older people or those with health conditions. You cannot predict when an accident or sudden illness might affect your capacity. But it is especially important for:
Making an LPA is not a sign of giving up control. Quite the opposite — it is how you ensure that the right people make decisions in the way you would want.
Your attorney must be at least 18 years old and have mental capacity themselves. They cannot be bankrupt (for a financial LPA). Choose someone you trust completely, who:
You can appoint more than one attorney and specify whether they act jointly (must all agree) or jointly and severally (can each act independently). Jointly and severally is usually more practical.
You can also appoint a replacement attorney to step in if the original is unable to act.
Discuss the role with your chosen attorney(s) before completing the forms. Ensure they understand what being an attorney involves and that they agree to take on the responsibility.
The forms are available at GOV.UK (search "Make a Lasting Power of Attorney"). You can complete them online via the OPG's digital service, or on paper. The forms include sections for your instructions, preferences, and the attorney's declaration.
A "certificate provider" must sign the LPA to confirm you understand what you're signing and are not being pressured. This must be someone who has known you personally for at least 2 years (not a family member or attorney), or a professional such as a GP, solicitor, or social worker.
You can name people to be notified when the LPA is registered. These "named persons" have the right to object to registration if they have concerns. This is optional but recommended as a safeguard.
Send the completed, signed LPA to the Office of the Public Guardian (OPG) with the registration fee. The OPG checks the forms and registers the LPA — this currently takes around 20 working days online. The LPA cannot be used until it is registered.
The OPG has a free online service that guides you through the forms — using a solicitor is not required, though it can be helpful for complex situations or where there are family dynamics to navigate.
Once registered, the LPA can be used when needed:
Banks, care providers, and health professionals are all legally obliged to accept an original or certified copy of a registered LPA.
If a person loses capacity without having made an LPA, family members have no automatic legal right to manage their finances or make care decisions. The only route is to apply to the Court of Protection to become a "deputy."
Court of Protection applications are:
Making an LPA now is far simpler and cheaper than dealing with the Court of Protection later. See our Court of Protection guide.
Was this guide helpful?
Contact Ekvarta on WhatsApp or email — a real person responds, not a chatbot.