Can an LPA Be Used Before It’s Registered?

19th January 2026

Can an LPA Be Used Before It’s Registered? is a question many people ask after completing the paperwork for a Lasting Power of Attorney. It is understandable to assume that once everything is signed, attorneys can start helping straight away. In practice, registration with the Office of the Public Guardian is a crucial legal step that determines when an LPA can actually be used.

Understanding how this works helps families avoid confusion, rejected applications and difficult conversations with banks, care providers and medical professionals.

When does a Lasting Power of Attorney become legally valid?

A Lasting Power of Attorney is only legally valid once it has been registered with the Office of the Public Guardian. Until registration is complete, the document has no legal authority, even if every section has been filled in correctly and signed in the right order.

This applies to both types of LPA: Property and Financial Affairs, and Health and Welfare. Attorneys cannot make decisions, access accounts or speak to organisations on the donor’s behalf until the registration process has finished and the LPA has been officially stamped.

Are there any exceptions before registration?

There are no circumstances where an unregistered LPA can be used. Even in urgent situations, organisations such as banks, local authorities and the NHS are legally required to see a registered LPA before accepting instructions from an attorney.

This is why registering as early as possible is strongly recommended. Waiting until capacity is lost or a crisis arises often leads to delays, as the Office of the Public Guardian registration process typically takes several weeks.

What does the Office of the Public Guardian actually check?

During registration, the Office of the Public Guardian does not assess whether the donor made the right choices. Instead, it focuses on whether the LPA meets strict legal requirements.

• The OPG checks that all required sections are completed and consistent.
• They verify that the donor signed first, followed by the certificate provider and then the attorneys.
• They confirm that witnesses are eligible and that no one is acting in a role they are legally excluded from.
• They review dates, signatures and formatting to ensure nothing is missing or completed out of sequence.

Even small errors, such as a missing middle name or an incorrect witness, can result in rejection or requests for correction.

Does the OPG check mental capacity?

The OPG does not carry out a medical assessment. Instead, it relies on the certificate provider’s declaration that the donor understood the LPA and was not under pressure when signing it. If concerns are raised, the OPG may make further enquiries, but this is not part of routine registration.

How long does registration usually take?

Registration typically takes between eight and twenty weeks, depending on demand and whether there are any issues with the application. Errors or missing information can add significant delays, which is why accuracy matters from the start.

How can you avoid registration delays?

Clear guidance and built in checks help ensure your LPA is ready for registration the first time. Power of Attorney Online supports you through each step, from signing order to witness rules, reducing the risk of rejection by the Office of the Public Guardian.

Registering early gives peace of mind. Once registration is complete, attorneys can act confidently, knowing their authority is recognised and legally secure.