Lasting Power Of Attorney Rules
17th April 2025
The short answer:
The donor must have capacity at signing, attorneys must be over 18 and capable, the certificate provider must be independent, witnesses must be over 18 and not named as attorneys, and the form must be signed in the correct order. Get any of these wrong and the OPG rejects the LPA.
Updated: Friday 3rd April 2026
Everything You Should Know About Lasting Power Of Attorney Rules
Thinking about setting up an LPA? Not such a bad idea! But before you get started, it’s important to understand the Lasting Power Of Attorney rules to follow so you can get your application right the first time.
What exactly is a UK Power of Attorney?
An LPA is a legal document that allows you to appoint one or more trusted individuals to step in to help if you lose mental capacity. There are two types of LPA people usually go for:
- Health & Welfare LPA, which covers things like your medical care and daily routines.
- Property & Financial Affairs LPA, which covers things like handling money, paying bills and managing property.
Rule 1: You must have Mental Capacity when you apply
The non-negotiable golden rule is you must be sound of mind when setting up an LPA. If you’ve already lost mental capacity, it’s unfortunately too late to make one. Instead, your loved ones may need to apply for a Court of Protection order instead.
Rule 2: Think carefully about getting the right people involved
Here’s the legal description of the roles involved:
- The Donor is the person making the LPA.
- The Attorney(s) is the person or people the donor’s choose to make decisions on their behalf.
- The Certificate Provider is someone who confirms the donor understands what they’re doing and aren’t being pressured into registering the LPA.
- All signatures need to be witnessed correctly to ensure legality.
Rule 3: The Attorneys must be suitable and over 18
You can appoint anyone over 18 as your attorney, but the key rules to follow are they must have mental capacity themselves and be someone you completely trust if they ever needed to make decisions on your ehalf in the future. If you’re appointing multiple attorneys, you’ll also need to decide how they should act if the LPA ever needs to be used. The options are jointly (act together on all decisions) or jointly and severally (they can act together or independently on decisions).
Rule 4: The LPA must be signed in the correct order
Signing in the wrong order will lead to the LPA being rejected because it’s a key part of the safeguarding process. The correct sequence to make sure you adhere to is:
- The donor signs first.
- The certificate provider signs next.
- The attorneys sign after that.
- Everything needs to be witnessed.
Rule 5: Your LPA must be registered before use
An LPA must be registered with the Office of the Public Guardian (OPG) to make it legally valid. This process typically takes up to 10-12 weeks, so it’s best to not be in a rush and need it urgently.
How can I avoid mistakes?
The paperwork can be daunting and even small errors can result in registration delays or rejection. That’s why using an online service like Power of Attorney Online 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 ready when you need it most.
Create your LPA with confidence
Avoid the confusion of government forms and the cost of a solicitor.
- Expert checks to help avoid mistakes and delays
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