The Rules for a Lasting Power of Attorney: What You Need to Know
17th April 2025
Thinking about setting up a Lasting Power of Attorney (LPA)? Smart move! An LPA gives someone you trust the legal authority to make decisions on your behalf if you ever become unable to do so yourself. But before you get started, it’s important to understand the key rules that govern LPAs so you can get it right the first time.
What is a Lasting Power of Attorney?
An LPA is a legal document that allows you (the donor) to appoint one or more attorneys—trusted individuals who will step in to manage your affairs if you lose mental capacity. There are two types:
- Health & Welfare LPA – Covers medical care, daily routines, and end-of-life decisions.
- Property & Financial Affairs LPA – Covers handling money, paying bills, and managing property.
The Key Rules You Need to Know
1. You Must Have Mental Capacity When You Apply
The golden rule is that you must be of sound mind when setting up an LPA. If you’ve already lost mental capacity, it’s too late to make one, and your loved ones may need to apply for a costly and time-consuming Court of Protection order instead.
2. You Need the Right People Involved
To create a valid LPA, certain people must be involved:
- Donor (you) – The person making the LPA.
- Attorney(s) – The person or people you choose to make decisions on your behalf.
- Certificate Provider – Someone who confirms you understand what you’re doing and aren’t being pressured.
- Witnesses – Signatures need to be witnessed correctly to ensure legality.
3. Attorneys Must Be Over 18 and Mentally Capable
You can appoint anyone over 18 as your attorney, but they must have mental capacity themselves and be someone you completely trust. If you’re appointing multiple attorneys, you’ll also need to decide if they act jointly (together on all decisions) or jointly and severally (they can act together or independently).
4. The LPA Must Be Signed in the Right Order
A simple mistake like signing in the wrong order can lead to rejection. The correct sequence is:
- The donor signs first.
- The certificate provider signs next.
- The attorneys sign after that.
5. Your LPA Must Be Registered Before It Can Be Used
You can’t just create an LPA and put it in a drawer. It must be registered with the Office of the Public Guardian (OPG) before it becomes legally valid. This process can take up to 20 weeks, so it’s best to apply early.
Avoid Mistakes with an Online Service
Many people struggle with the paperwork, and even a small error can result in delays or rejection. That’s why using an online service like PowerOfAttorneyOnline.co.uk can help. Our guided application process ensures your LPA is filled out correctly, reducing the risk of costly mistakes.
An LPA is one of the most important legal documents you can put in place, giving you and your loved ones peace of mind. By following the rules and getting expert help where needed, you can ensure your LPA is legally sound and ready when you need it most. Don’t wait—start your LPA today!
