This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to make a lasting power of attorney in England and Wales. This guide explains eligibility, choosing attorneys, completing and signing forms, registration with the Office of the Public Guardian, costs, and practical steps to ensure your decisions are respected if you lose capacity.
Planning for the possibility that you might lose the ability to make decisions in the future is a responsible step that many adults in England and Wales take. A lasting power of attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals (called attorneys) to make decisions on your behalf if you become unable to do so yourself. This article explains what an LPA is, who can make one, the practical steps involved, the legal requirements, and common issues to be aware of.
What Is a Lasting Power of Attorney?
A lasting power of attorney is a statutory legal document under the Mental Capacity Act 2005 that lets you appoint someone to make decisions for you in two broad areas:
- Property and financial affairs – decisions about your money, property, bank accounts and paying bills.
- Health and welfare – decisions about your medical treatment, daily routine and care arrangements.
You can choose to make one type of LPA or both. An attorney can act on your behalf if you lose the mental capacity to make decisions as defined by the Act. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
Why Make a Lasting Power of Attorney?
Without an LPA, if you lose capacity, your family would likely need to apply to the Court of Protection for authority to manage your affairs. This is usually slower, more costly, and less direct than having an LPA in place. LPAs help avoid uncertainty and provide clarity about who should act on your behalf.
Step‑by‑Step Guide to Making an LPA
1. Check Your Eligibility
To make an LPA you must:
- Be 18 years old or over.
- Have mental capacity at the time you complete the LPA forms – this means you understand the nature and implications of the document you are making.
You can make an LPA even if you do not live in the UK, but the document will only have legal effect within England and Wales.
2. Decide What Type of LPA You Need
There are two types of lasting power of attorney:
- Property and financial affairs LPA – covers decisions about money, property, bank accounts and paying bills.
- Health and welfare LPA – covers decisions about your personal care and medical treatment.
You can appoint the same or different attorneys for each type. If you want both kinds of decision‑making authority delegated, you must complete separate forms for each.
3. Choose Your Attorney(s)
Choose people you trust who understand your values and wishes. Attorneys must be adults (aged 18 or over) and willing to take on the role. It is advisable to discuss your choice with them before naming them. You can appoint more than one attorney and specify whether they should act jointly (together) or jointly and severally (individually or together), depending on your preference.
4. Complete the LPA Forms
You can create an LPA in either of two ways:
- Online – use the GOV.UK digital service to complete the forms and get guidance as you go. You will then print and sign the forms for registration.
- Paper forms – download and print the LPA forms from GOV.UK and complete them by hand.
For property and financial affairs, use form LP1F; for health and welfare, use form LP1H. The official guidance document LP12 provides detailed instructions on completing each section, including your details (as the donor), your attorney(s), how decisions should be made, and any restrictions or preferences you wish to include.
5. Certification and Signing
Once the forms are filled in, they must be signed in a specific order:
- You (the donor) must sign first.
- A certificate provider must sign next to confirm you understand and are making the LPA voluntarily. A certificate provider can be a professional, such as a solicitor or GP, or someone who has known you personally for at least two years.
- Your attorneys then sign to confirm they understand their duties.
Each signature needs to be witnessed. This formal process is designed to ensure the document is made freely and with proper understanding.
6. People to Notify (Optional)
You may choose to list one or more people to notify who will be contacted by the OPG when the LPA is submitted for registration. This is optional but can help increase transparency and reduce the risk of disputes.
7. Registration With the Office of the Public Guardian
An LPA must be registered with the Office of the Public Guardian before it can be used. The current fee for registration is £92 per document, although you may be eligible for a reduction or exemption based on income or benefits. Once the application is correctly submitted with all signatures and certificates, the OPG aims to process it within around 10 weeks if there are no errors.
LPAs that are incorrectly completed or contain mistakes are commonly rejected, causing delays and additional fees-precise completion and correct signing order are essential to avoid this.
What Happens After Registration?
- For a property and financial affairs LPA, your attorney can act as soon as it is registered, if you allow this.
- For a health and welfare LPA, it can only be used once you lack the capacity to make those decisions yourself.
Attorneys must always act in your best interests and follow any preferences or restrictions you have stated in the LPA form.
Cancelling or Changing an LPA
You can cancel or amend an LPA at any time before you lose mental capacity. This must be done in writing and formally notified to the Office of the Public Guardian. If you lose capacity and want to change decision‑making arrangements, you may need the Court of Protection to appoint a deputy instead.
Common Questions
Do I Need a Solicitor?
No. It is not a legal requirement to use a solicitor to make an LPA, and many people complete the forms themselves using the official guidance. However, professional advice can be helpful if your affairs are complex or you want to ensure that your preferences and restrictions are clearly expressed.
Can I Make an LPA After Losing Capacity?
No. An LPA can only be made while you still have mental capacity. If capacity has already been lost, the Court of Protection must be approached for deputyship arrangements.
Key Takeaways
A lasting power of attorney is a key legal document that allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity. In England and Wales, you choose whether this covers property and financial matters, health and welfare, or both. To make an LPA you must be over 18 and have capacity at the time of signing. The process involves choosing attorneys, completing and signing the correct forms, obtaining a certificate provider's confirmation, and registering the document with the Office of the Public Guardian. Proper completion and compliance with legal requirements help ensure your future wishes are respected and minimise delays.
