An LPA is what lets someone you trust act for you if you can't make decisions for yourself. £92 each at the Office of the Public Guardian. Made online. The forms are short; the choosing is the work. England & Wales — Scotland and Northern Ireland use different systems, called out below.
An LPA is a legal document letting someone you trust act on your behalf if you can't. Most adults benefit from one; the question isn't really 'do I need it', it's 'have I done it yet'. The decision matters most for people whose capacity might fade — but not only them.
Property & Financial Affairs (form LP1F) covers money — banks, bills, property, pensions, investments. Health & Welfare (LP1H) covers medical decisions — treatment, care home choice, life-sustaining treatment.
They are separate documents.
Most people who set one up set up both.
If you lose capacity without an LPA in place, your family must apply for a deputyship order. That's £432 to apply, ongoing supervision fees, and 6+ months of court process.
It's the worst-case version of what an LPA prevents — slow, expensive, intrusive.
The LPA exists to keep your family out of court.
The whole legal basis is that you understand what you're signing. If capacity is already failing, the window may have closed — and you're into deputyship territory instead.
This is why solicitors say 'do it ten years too early, not ten minutes too late.'
When you sign, you choose: 'attorneys can act now, with my consent' or 'only when I lack capacity'. Most people pick the second option.
Health & Welfare can ONLY be used once capacity is lost — that's the law, not a choice.
From that point your will and your executor take over. The LPA covers the in-between — when you're alive but can't act for yourself.
People often confuse this with executor duties.
They are different jobs covering different stages.
The choice of attorney matters more than the form-filling. Pick people who will outlive you, who you trust completely, and who can handle conflict. In practice, the biggest LPA risk is often not the form itself — it's choosing attorneys who cannot work together, cannot be trusted, or don't understand the role.
Most people name two — usually a spouse and an adult child, or two adult children. One can work but creates a single point of failure if they're unavailable or fall out with you.
More than three gets administratively painful.
Jointly — every decision needs every attorney's agreement. High protection, low practicality (one signature delays everything).
Jointly-and-Severally — any attorney can act alone.
Practical default.
Jointly-for-some-decisions — bespoke, but rare in practice.
Costs nothing extra. If your primary attorney dies before you or can no longer act, the replacement steps in.
Without one, the LPA can collapse and you're back to deputyship.
Always include at least one replacement.
An independent person who confirms you understand the LPA and aren't being pressured. Either someone who has known you 2+ years personally (not a relative), or a professional like a GP, solicitor, or social worker.
They sign one section.
Choose someone willing.
Used to be a required notification step. Removed in the 2024 OPG reforms.
You can still nominate people to be notified when registration starts — useful if you want to head off family arguments early — but you don't have to.
It's about 20 pages. The OPG version is plain English.
The 'preferences' and 'instructions' sections are where most disputes start — preferences are wishes attorneys should consider; instructions are binding rules they must follow.
Be careful with instructions — overly restrictive instructions can make the LPA unworkable later.
Help with the choosing — the four decisions the form doesn't make for you →
An LPA is not legally usable until the Office of the Public Guardian registers it. You can apply online or on paper. Online is cheaper-feeling (same fee, faster process) and now the default route.
Search 'make a lasting power of attorney' on gov.uk. The digital service walks you through every section, validates as you go, and prints the final form for signing.
It's the same form (LP1F / LP1H) but easier to complete.
£92 per LPA, paid to the Office of the Public Guardian — £184 if you're doing both Property & Financial Affairs and Health & Welfare. Paid online or by cheque to 'Office of the Public Guardian'.
Half-fee if your gross income is between £12,000–£23,000; full exemption if below £12,000 or receiving qualifying means-tested benefits (Income Support, income-based JSA, income-related ESA, Pension Credit Guarantee Credit, or Housing Benefit).
Universal Credit no longer qualifies for the full exemption from 2 February 2026 — UC recipients should apply for the 50% reduction.
Form OPG120A handles the remission.
Donor signs first. Then certificate provider.
Then attorneys.
Then any 'people to be told' (if any).
Each signature is dated.
If anyone signs out of order, the OPG will reject it and ask for a corrected version — adds weeks.
The OPG includes a statutory 4-week waiting period that cannot be waived. Total processing time is 8–10 weeks if the application is error-free (GOV.UK's published target); in practice, paper applications are currently taking closer to 20 weeks.
Online applications via the digital service tend to be faster.
Plan for 20 weeks and treat anything sooner as a bonus.
The OPG reviews for legal validity — they don't second-guess your choices, just check the form is legally sound.
Track via the OPG online tool.
That stamp on every page is the legal mark of registration. Banks and care homes will ask to see the registered version, not the unstamped draft.
Make at least one certified copy (a solicitor will do it for £10–£20) — the original is too valuable to hand to a bank.
Once registered, the LPA sits in the drawer and waits. Most LPAs are never used. The ones that are used save the family from court and are worth every minute of setup. There are a few things to remember once it's done.
An LPA nobody can find is an LPA that doesn't exist. Tell each attorney where the original (and any certified copies) lives.
The OPG search service can find a registered LPA, but only if attorneys know to ask.
Some people lodge a copy with their bank early — particularly if Property & Financial Affairs starts immediately. Others keep it sealed until needed.
Both are valid.
The advantage of early lodging: fewer obstacles when capacity falters.
If an attorney dies, moves abroad permanently, becomes bankrupt (for Property & Financial Affairs), or your relationship breaks down — the LPA may need amending or revoking. You can revoke at any time while you have capacity.
A new LPA replaces an old one.
If you run a limited company or have professional partnership shares, the LPA may not extend to those — companies often have their own articles. Speak to a solicitor about a separate Business LPA if that applies.
Mental Capacity Act 2005 sets the legal standard. Attorneys must consider your past wishes, current preferences, and what you'd want — not what's convenient for them.
They must keep records of decisions.
Misuse is a criminal offence.
Most attorneys do this without thinking — but it's the law, not a courtesy.
The body that registers LPAs.
Based in Cardiff.
They register; they don't make decisions for you or supervise routine attorney conduct.
Phone 0300 456 0300.
Online at gov.uk/government/organisations/office-of-the-public-guardian.
What you get instead of an LPA if capacity is lost first. £432 application, 4–6 month timeline (often longer), ongoing supervision fees of £35–£320/year depending on level.
Usable, but burdensome.
The whole point of an LPA is avoiding this.
The pre-2007 predecessor.
Still legally valid if signed before 1 October 2007.
Only covers Property & Financial Affairs.
Must still be registered with OPG when the donor starts losing capacity.
If you have one, it's still good.
Scotland uses Continuing Power of Attorney (financial) and Welfare Power of Attorney (health).
Registered with the Office of the Public Guardian (Scotland).
Different fees, different forms.
Northern Ireland uses Enduring Powers of Attorney still — under reform but not yet replaced.
This page covers England & Wales.
OPG fees are the same either way.
A solicitor adds £150–£500 per LPA for drafting, advice, and certificate-provider work.
DIY via the gov.uk service is fine for straightforward situations.
Get a solicitor when: estate is complex, family disputes are likely, you want bespoke instructions, or capacity is borderline. /tools/lpa-cost has the full breakdown.
OPG publishes the Code of Practice — free download from gov.uk.
About 70 pages.
The chapter on best-interests decisions is the part most attorneys miss until they need it.
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