A Lasting Power of Attorney, often called an LPA, is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity in the future.
You stay in control while you have capacity. Your attorneys only act when legally allowed to do so.
There are two types of LPA: Health and Welfare, and Property and Financial Affairs.
Solicitor fees for setting up a Power of Attorney often range from several hundred to over a thousand pounds, depending on complexity and location.
Power of Attorney Online offers a more affordable alternative, with expert checks to help avoid mistakes and delays, without the cost of traditional solicitor appointments.
The government registration fee is currently £92 per LPA and is paid to the Office of the Public Guardian.
In addition to this, some people choose to pay for professional support to help complete and review their application. The cost of support varies. Solicitors often charge significantly more, sometimes running into the thousands, depending on complexity and time involved. Services like Power of Attorney Online offer a more affordable option, charging £99 per LPA application, plus the £92 OPG registration fee per LPA.
Using a guided online service can help reduce common mistakes that may otherwise lead to delays or rejection during registration.
There are two types of Lasting Power of Attorney in England and Wales:
Health and Welfare LPA
This covers decisions about medical treatment, care, and daily living. It can only be used if you lose mental capacity.
Property and Financial Affairs LPA
This covers decisions about money, property, bills and finances. It can be used once registered, either with your permission or when you lose capacity.
Most people choose to have both to ensure full protection.
You can prove you have authority by providing a certified copy of the registered LPA.
Banks, care providers, and other organisations usually require either the original registered document or a certified copy that includes the official registration stamp from the Office of the Public Guardian.
Yes. A Lasting Power of Attorney can be revoked as long as the donor still has mental capacity.
To revoke an LPA, the donor must create a formal deed of revocation and notify the Office of the Public Guardian. Attorneys should also be informed.
Once mental capacity is lost, an LPA generally cannot be revoked.
An existing LPA cannot usually be amended.
If you want to change details such as attorneys or instructions, you normally need to create a new LPA and register it with the Office of the Public Guardian. The old LPA should then be revoked if appropriate.
No. A Lasting Power of Attorney cannot change a will.
Only the person who made the will can change it and only while they still have mental capacity. Attorneys have no authority to amend a will under any circumstances.
Yes. A Lasting Power of Attorney automatically ends when the donor dies.
After death, responsibility for managing the estate passes to the executor named in the will or appointed by the court.
Minor errors may be corrected if the Office of the Public Guardian identifies them during the registration process.
However, some mistakes cannot be amended and may require a new LPA to be completed and submitted. This is why checking the application carefully before submission is important to avoid delays or rejection.
Yes. A Health and Welfare LPA allows Attorneys to make decisions about care arrangements, including whether the Donor should move into a care home.
These decisions can only be made if the Donor lacks mental capacity to decide for themselves at the time.
No. A Lasting Power of Attorney must be made by the person themselves while they have mental capacity.
You can support someone through the process, but the Donor must understand the LPA and make the decision to create it.
Yes. A person can have more than one LPA, such as a Property and Financial Affairs LPA and a Health and Welfare LPA.
It is also possible to make a new LPA that replaces an existing one, as long as the correct steps are followed.
Most organisations should accept a registered LPA.
If an organisation refuses, they may require a certified copy or need time to verify the document. If problems continue, the Office of the Public Guardian can provide guidance on how to resolve the issue.
If a registered LPA is lost or damaged, the original cannot be replaced. However, the donor or attorney can request an official copy from the Office of the Public Guardian.
Most organisations accept certified copies rather than the original document. It is recommended to keep multiple certified copies and store them securely.
A UK Lasting Power of Attorney is designed to be used in England and Wales. It may be accepted abroad, but this depends on the country and the organisation involved.
Many overseas banks and authorities require additional documentation or a local power of attorney. If you own property or have finances abroad, legal advice in that country is often necessary.
Doctors remain responsible for clinical decisions such as diagnosis, prescribing medication and delivering treatment.
An attorney can make decisions about care and medical treatment only when the donor lacks capacity and only within the scope set out in the LPA. Doctors must still act in line with medical ethics and the law.
Social services can override decisions if they believe an attorney is not acting in the donor’s best interests or if there is a safeguarding concern.
They may intervene where there is risk of harm, neglect, or abuse. Any serious disputes can be referred to the Court of Protection for a legal decision.
If someone has a stroke and loses mental capacity without an LPA, banks usually freeze accounts to protect the person’s finances.
Bills may go unpaid and family members cannot access funds. If an LPA is already in place and registered, the attorney can manage finances immediately within the authority granted.
If a person with dementia never made an LPA and no longer has mental capacity, no one automatically has the right to make decisions for them.
Family members must apply to the Court of Protection to become a deputy. This process is often expensive, slow, and more restrictive than having an LPA in place.
Without an LPA, no one has automatic authority to manage finances or make ongoing care decisions.
Emergency medical treatment will still be provided, but longer term decisions may be delayed. Access to money and decision making usually requires a Court of Protection application.
Doctors will provide necessary treatment based on best interests and medical judgment.
However, without an LPA, family members cannot make binding decisions about care, treatment preferences or discharge arrangements. This can lead to stress, delays, and disagreements.
If both people in a couple lose mental capacity and neither has an LPA, there is no automatic authority for decisions.
Separate Court of Protection applications may be required for each person. This can be complex and emotionally challenging for families.
If parents choose not to set up an LPA, their wishes should be respected while they have capacity.
However, families should understand that without an LPA, there may be limited options if capacity is lost in the future. Open conversations and clear information can help people make informed choices.
Being married or in a civil partnership does not give automatic legal authority to make financial or medical decisions.
Spouses must have a registered LPA to act on each other’s behalf if mental capacity is lost. Without one, the same legal restrictions apply as for any other family member.
A Lasting Power of Attorney does not expire because of age or retirement.
It remains valid until the donor dies, cancels it while they have capacity, or it is ended by the Court of Protection. Many people set up LPAs well before later life as part of future planning.
An LPA allows donors to choose who helps them and how decisions are made.
Attorneys must always follow the Mental Capacity Act, which promotes independence and requires decisions to be made in the least restrictive way possible. An LPA is designed to support, not remove, personal autonomy.
In complex situations such as ongoing family disputes, large estates, or international assets, an LPA may need to be supported by additional legal arrangements.
In rare cases, the Court of Protection may need to step in to resolve disagreements or provide further authority.
A bank should not refuse to accept a properly registered Lasting Power of Attorney, but delays can still happen.
Banks are allowed to carry out their own checks to confirm the LPA is valid and that the attorney’s identity has been verified. If the LPA is registered with the Office of the Public Guardian and covers the relevant decisions, the bank must recognise the attorney’s authority.
If a bank refuses without a valid reason, the issue can be escalated through the bank’s complaints process or raised with the Office of the Public Guardian.
In the UK, being next of kin does not give legal decision making powers.
Without a Lasting Power of Attorney, family members cannot automatically make medical, care, or financial decisions for another adult. Legal authority only comes from an LPA or a court appointment.
A joint bank account only allows access to that specific account.
It does not give authority to manage other finances, deal with investments, sell property, or make care decisions. Banks can also freeze joint accounts if they suspect misuse or safeguarding issues. An LPA provides broader legal authority and protection.
A will only takes effect after death.
It has no legal power while someone is alive, even if they lack mental capacity. A Lasting Power of Attorney is the only way to legally manage decisions during a person’s lifetime.
A medical diagnosis does not automatically mean someone lacks mental capacity.
Capacity is decision specific and time specific. A person may be able to make some decisions but not others. This is why LPAs are designed to protect future decision making while respecting independence for as long as possible.
A deputyship is usually unavoidable when someone has already lost mental capacity and no LPA is in place.
The Court of Protection must then appoint a deputy to make decisions. This process is slower, more expensive, and more restrictive than an LPA, which is why planning ahead is so important.
The LPA Donor is the person who creates the Lasting Power of Attorney. They are the individual giving legal authority to one or more attorneys to make decisions on their behalf if they lose mental capacity in the future.
The Donor must understand what an LPA is and what powers they are giving at the time the document is made.
Yes, if the Donor has used other names, such as previous surnames or alternative spellings, these should be included in the LPA.
Listing other names helps avoid delays or problems when the LPA is registered or used, especially when dealing with banks or other organisations.
An LPA Donor must be 18 years old or over at the time the LPA is created.
There is no upper age limit, as long as the Donor has mental capacity when they make the LPA.
A Donor can still make a Health and Welfare LPA even if they are bankrupt or subject to a Debt Relief Order.
However, restrictions apply to Property and Financial Affairs LPAs. Bankruptcy can affect who may act as an attorney and what financial powers are available. It is important to consider this carefully before creating the LPA.
Yes. An LPA Donor can live outside England and Wales and still create a valid LPA for use in England and Wales.
However, an LPA created under the laws of England and Wales may not automatically be recognised in other countries. Separate legal advice may be needed for international use.
Mental capacity means being able to understand, retain and weigh up information needed to make a decision, and to communicate that decision.
Capacity is decision specific and time specific. A person may have capacity to make some decisions but not others, or may have capacity at one time but not another.
The ability to make decisions is legally defined by the Mental Capacity Act of 2005. This Act sets out the Mental capacity is usually assessed by a medical professional, such as a GP, consultant or other qualified healthcare practitioner.
When creating an LPA, a certificate provider must confirm that the Donor understands the document and is not being pressured into making it. This helps protect the Donor and ensures the LPA is legally valid.
Yes. An LPA can still be created if the Donor owns property outside England and Wales.
That said, the LPA may not be accepted by foreign authorities or financial institutions. Additional local legal arrangements may be required for property held overseas.
If a donor regains mental capacity, they regain control over their decisions.
For a Property and Financial Affairs Lasting Power of Attorney, the donor can choose to take back decision making at any time while they have capacity. Attorneys must step back and only act if the donor asks them to or if the LPA states it can be used while capacity remains.
For a Health and Welfare Lasting Power of Attorney, attorneys can only act when the donor lacks capacity. If capacity returns, the attorney’s authority automatically pauses until it is needed again.
A donor can also choose to cancel the LPA entirely if they have mental capacity and no longer want it in place.
The Office of the Public Guardian, often called the OPG, oversees the use of Lasting Powers of Attorney to protect donors.
They register LPAs, investigate concerns about attorneys and have the power to request records or intervene if an attorney is not acting in the donor’s best interests. Anyone can raise a concern with the OPG if they believe a donor is being abused, pressured or financially exploited.
If serious issues are found, the OPG can apply to the Court of Protection to suspend or remove an attorney and put safeguards in place to protect the donor.
An LPA attorney is the person or people you appoint to make decisions on your behalf.
Attorneys must act in your best interests, follow the Mental Capacity Act and keep proper records of decisions they make.
An LPA Attorney must be at least 18 years old and have mental capacity.
They can be a family member, friend, partner, or a professional such as a solicitor or accountant. The most important factor is trust and willingness to take on legal responsibility.
The right attorney is someone you trust, who understands your wishes and who is capable of making clear decisions under pressure.
Many people choose a partner, family member or close friend. Some appoint more than one attorney to share responsibility or provide oversight.
A UK Lasting Power of Attorney for Health and Welfare lets you choose someone you trust to make decisions about your medical care, treatment, and day to day wellbeing if you are unable to decide for yourself.
This can include decisions about care homes, life sustaining treatment and personal care, but it can only be used if you lose mental capacity.
A UK Lasting Power of Attorney for Property and Financial Affairs allows your chosen attorney to manage your money and property.
This can include paying bills, managing bank accounts, selling property and dealing with pensions or benefits. It can be used with your permission while you still have capacity, or only if you lose it.
A professional LPA Attorney is someone who acts in a professional capacity, such as a solicitor or accountant.
Professional Attorneys may be useful where family members are unavailable or where financial matters are complex. They usually charge a fee for their services.
Yes. A spouse or civil partner is often chosen as an Attorney because they know the Donor well and understand their wishes.
It is still important to consider whether they are able to take on the responsibility, especially during stressful situations.
Before acting, an Attorney should understand the Donor’s wishes and the limits of their authority.
They must know that they should support the Donor to make decisions wherever possible and only step in when necessary.
Once acting, an Attorney must make decisions in the Donor’s best interests and keep clear records of important decisions.
They should avoid conflicts of interest and seek professional advice if unsure about complex matters.
Yes. An Attorney can resign from their role by formally notifying the Donor and the Office of the Public Guardian.
If the Donor lacks capacity, additional steps may be required to ensure continuity of decision making.
An Attorney can no longer act if they lose mental capacity, die, choose to resign, or are legally removed.
The LPA may continue if replacement Attorneys were appointed or if other Attorneys remain able to act.
If an Attorney is placed on the Disclosure and Barring Service barred list, they may be prevented from acting, particularly in Health and Welfare matters.
This helps protect the Donor from potential harm and ensures safeguarding requirements are met.
Bankruptcy affects Property and Financial Affairs LPAs.
An Attorney who becomes bankrupt or subject to a Debt Relief Order cannot continue to act for financial matters. They may still act under a Health and Welfare LPA if appropriate.
Yes, many people choose more than one Attorney.
You can appoint Attorneys to act jointly, jointly and severally, or in a combination of both. This can provide flexibility and protection if one Attorney is unavailable.
After stopping, an Attorney should return any documents and provide records of decisions made if requested.
They should no longer make decisions on behalf of the Donor once their authority has ended.
Yes. A solicitor or another professional can act as an Attorney if the Donor chooses them.
Professional Attorneys are often appointed when the Donor wants an independent person or does not have a suitable friend or family member. Professionals usually charge fees for acting, which should be agreed in advance and recorded clearly.
Attorneys must keep clear and accurate records of decisions made and actions taken on behalf of the Donor.
This includes financial transactions, major care decisions and any consultations with professionals or family members. Good record keeping helps demonstrate that the Attorney is acting in the Donor’s best interests and protects both the Donor and the Attorney.
Attorneys cannot delegate their decision making authority to someone else.
They may, however, ask others to help with practical tasks, such as bookkeeping or administrative support, as long as the Attorney remains responsible for all decisions and oversight.
If an attorney becomes bankrupt, they can no longer act under a Property and Financial Affairs Lasting Power of Attorney.
Their authority ends automatically, and the Office of the Public Guardian must be notified. If there are replacement attorneys named, they can step in. If not, the remaining attorneys may continue, depending on how the LPA was set up.
Bankruptcy does not affect a Health and Welfare Lasting Power of Attorney.
If an attorney dies before the donor, they can no longer act.
What happens next depends on how the LPA was written. If replacement attorneys were appointed, they step in. If attorneys were appointed jointly, the LPA may stop working entirely. If they were appointed jointly and severally, the remaining attorneys can usually continue.
Yes. An attorney can resign at any time by completing a formal deed of disclaimer.
Once they resign, the Office of the Public Guardian must be informed. If replacements were appointed, they can take over. If not, the LPA may still work if there are other attorneys able to act under its terms.
An attorney can only do what the LPA allows and must always act in the donor’s best interests.
For property and finance, this often includes paying bills, managing bank accounts, and dealing with everyday financial matters. For health and welfare, authority usually covers care decisions and treatment choices, but only once the donor lacks mental capacity.
Attorneys must follow the Mental Capacity Act and any preferences or instructions written into the LPA.
If a doctor, care provider, or bank disagrees with an attorney, they may ask for clarification or evidence that the attorney is acting within their authority.
If concerns remain, the matter can be referred to the Office of the Public Guardian. In serious cases, the Court of Protection may become involved to protect the donor.
Attorneys can live in different countries, but this can create practical challenges.
Time zones, document signing and communication with UK banks or care providers may be slower. It is important that attorneys can still work together effectively and access UK services when needed.
Attorneys are legally accountable under the Mental Capacity Act.
They must keep records, act in the donor’s best interests, and avoid conflicts of interest. The Office of the Public Guardian can investigate concerns, request records, and remove attorneys who do not follow the rules.
Professional attorneys, such as solicitors or accountants, are sometimes appropriate when there is no trusted family member or when finances are complex.
They charge fees and must follow strict professional standards. Some people appoint a professional alongside a family member for balance and oversight.
Multiple attorneys can provide reassurance, but they can also cause delays or disagreements.
This is more likely when attorneys must act jointly or when relationships are strained. Clear wording, realistic appointments and replacement attorneys can reduce these risks.
Attorneys should keep clear and accurate records of all decisions they make.
This includes financial transactions, care decisions, correspondence and reasons for important choices. Records should be kept for the entire time the attorney is acting and for several years afterwards in case the Office of the Public Guardian asks to review them.
Good record keeping protects both the donor and the attorney.
Disagreements between adult children can cause serious delays and stress.
If there is an LPA, the appointed attorney has authority to decide, even if others disagree. If there is no LPA, professionals may step in and decisions may be referred to the local authority or the Court of Protection. This often leads to slower decisions and increased conflict.
A Replacement LPA Attorney is a person chosen to step in and act if one or more of the original Attorneys can no longer act.
Replacement Attorneys help ensure the Lasting Power of Attorney continues to work as intended if circumstances change.
A Replacement LPA Attorney must be at least 18 years old and have mental capacity.
They can be a family member, friend, or professional, as long as they are eligible to act and willing to take on the role.
Replacement Attorneys only step in if a named Attorney can no longer act due to death, loss of mental capacity, resignation, or legal disqualification.
They do not act alongside original Attorneys unless the LPA has been set up to allow this.
If Attorneys act jointly and severally, any one Attorney can act on their own.
If one Attorney can no longer act, the remaining Attorneys can continue, and a Replacement Attorney may step in if the LPA allows for this.
Yes. When creating the LPA, the Donor can specify exactly when Replacement Attorneys should step in.
This allows control over whether replacements act after one Attorney can no longer act or only if all original Attorneys are unable to act.
If Attorneys are appointed to act jointly, they must all act together.
If one joint Attorney can no longer act and no Replacement Attorney is named, the LPA will usually come to an end.
If an Attorney dies or becomes unable to act, the LPA will continue only if replacement arrangements are in place or if other Attorneys remain able to act.
Without Replacement Attorneys, the LPA may end, depending on how it was set up.
If Attorneys are appointed to act jointly, they must all act together.
If one joint Attorney can no longer act and no Replacement Attorney is named, the LPA will usually come to an end.
Some LPAs allow Attorneys to act jointly for certain decisions and jointly and severally for others.
In these cases, Replacement Attorneys will step in based on how each decision type is set out in the LPA.
Yes. Replacement arrangements can be tailored to match how the original Attorneys act.
This ensures the LPA remains valid and practical even if an Attorney can no longer act for specific decisions.
Replacement Attorneys provide continuity and protection.
They reduce the risk of the LPA becoming unusable and help avoid delays, legal costs, or the need to apply to the Court of Protection.
No. Preferences and Instructions are optional.
If you do not include any, your Attorneys will still be able to act in your best interests under the Mental Capacity Act. However, adding Preferences or Instructions can help guide your Attorneys and make your wishes clearer.
Common mistakes include:
- Making Instructions too restrictive or unrealistic.
- Including unlawful Instructions, such as asking an Attorney to act outside their legal powers.
- Using vague or unclear wording that could be misinterpreted.
- Repeating information that already applies automatically under the law.
- Including wishes that conflict with other legal documents.
Clear and well considered wording helps avoid delays or problems when the LPA is registered or used.
Preferences in a Health and Welfare Lasting Power of Attorney (LPA) are things the LPA donor would like, but they aren’t legally binding. For example, preferences could be things like wanting to live near family or friends, getting regular haircuts or manicures, exercising a few times a week, or donating to charity.
Examples of Instructions include:
- My Attorneys must follow my advance decision to refuse treatment.
- My Attorneys must consult my named GP where possible.
- My Attorneys must not consent to life sustaining treatment if I have stated this in my LPA.
Health and Welfare Instructions should be considered carefully, as overly restrictive wording can limit practical decision making.
Examples of Preferences include:
- I would like my Attorneys to consult my accountant before making major financial decisions.
- I prefer my savings to remain invested where possible rather than held in cash.
- I would like my Attorneys to consider keeping my home rather than selling it unless necessary.
Preferences give guidance but allow flexibility if circumstances change.
Examples of Instructions include:
- My Attorneys must keep my finances separate from their own.
- My Attorneys must provide annual financial accounts to a named person.
- My Attorneys must not make gifts beyond the limits allowed by law.
Instructions must be clear and realistic. If an Instruction is unclear or unlawful, the LPA may be rejected or difficult to use.
Preferences express how you would like decisions to be made, but they are not legally binding.
Instructions are legally binding and must be followed by your Attorneys, as long as they are lawful and practical.
Your wishes are what you would like to happen. Your best interests are the legal standard attorneys must follow when making decisions for you.
Under the Mental Capacity Act, attorneys must always act in your best interests. This means they must consider your past and present wishes, your beliefs and values, and the views of people who know you well. However, they must also balance these wishes against practical, medical, financial and legal factors at the time a decision is needed.
Preferences allow you to guide your attorneys about what matters to you. Instructions legally bind your attorneys and must be followed unless they are unlawful or impossible. Best interests sit above both and act as the final safeguard if circumstances change.
If preferences are unclear, attorneys must interpret them in a way that best reflects your values and intentions.
If preferences contradict each other or conflict with an instruction, the instruction takes priority because it is legally binding. If an instruction cannot be followed, for example because it is impractical or illegal, the attorney must act in your best interests instead.
Unclear or contradictory wording can also cause problems during registration. The Office of the Public Guardian may raise questions or delay registration if the meaning is not clear. This is why clear, specific wording is important and why professional review can help prevent issues later.
Instructions that are too restrictive, unclear or unrealistic can prevent attorneys from acting when decisions are needed.
If an instruction cannot be followed, attorneys may need to apply to the Court of Protection, causing delays and extra costs. Clear, flexible wording helps ensure your wishes can be followed in real life situations.
An LPA certificate provider is an independent person who confirms that you understand the LPA and are not being pressured into making it.
They play a vital role in protecting you and ensuring your Power of Attorney is legally valid.
The certificate provider confirms that:
- The Donor understands what an LPA is and what powers they are giving.
- The Donor is making the LPA voluntarily.
- There is no fraud or undue pressure involved.
- There is nothing else that would prevent the LPA from being valid.
This confirmation is a key safeguard required by law.
A certificate provider must be at least 18 years old and have mental capacity.
They must either:
- Have known the Donor personally for at least two years, or
- Have relevant professional skills, such as a GP, solicitor or other qualified professional.
They must be able to act independently and honestly.
A certificate provider cannot be:
- An Attorney or Replacement Attorney named in the LPA.
- A family member of the Donor or of any Attorney.
- A business partner, employee, or director of the Donor or an Attorney.
- Someone involved in running a care home where the Donor lives.
- Anyone who may benefit from the LPA.
These restrictions help ensure impartiality and protect the Donor.
The certificate provider helps prevent abuse, fraud and coercion.
Without a valid certificate provider, the Office of the Public Guardian may refuse to register the LPA, causing delays or rejection.
Families should watch for sudden changes in finances, isolation of the donor, unexplained decisions or lack of transparency.
Early reporting helps protect the donor and prevents further harm. Asking questions and keeping communication open can often resolve issues before they escalate.
Safeguarding concerns can be raised with the Office of the Public Guardian, local authorities or healthcare providers.
Anyone can report concerns if they believe an attorney is acting improperly or a vulnerable person is at risk. The OPG has the power to investigate and involve the Court of Protection if needed.
Financial abuse may include unexplained withdrawals, pressure to change finances or decisions that do not benefit the donor.
The Office of the Public Guardian monitors attorneys and investigates concerns. Banks, care providers, and family members can raise safeguarding alerts if they notice warning signs. Clear records and proper oversight help prevent abuse.
Concerns can be raised with the Office of the Public Guardian during the notification period or at any time if there are worries about how an LPA is being made or used.
Concerns may relate to pressure on the Donor, lack of mental capacity or misuse of powers by an Attorney.
Raising a concern helps protect the Donor and ensures the LPA is used correctly.
People are notified using a formal notice once the LPA application is ready to be registered.
They are given a limited period of time to raise any concerns with the Office of the Public Guardian before the LPA is registered.
Choose people who:
- Know you well and understand your values
- Are independent from your Attorneys
- Would feel comfortable raising concerns if needed
They should be people you trust to act in your best interests.
Notifying people adds an extra safeguard when an LPA is created.
It gives trusted individuals the opportunity to raise concerns if they believe the Donor is being pressured or does not understand the LPA.
You can choose up to five people to notify.
They are often close family members, friends, or professionals who know the Donor well and would be likely to speak up if something was wrong.
There is no legal requirement to notify anyone, but doing so can provide additional protection.
A Lasting Power of Attorney must be signed in a specific order to be legally valid.
The Donor signs first, followed by the certificate provider. The Attorneys and any Replacement Attorneys then sign their sections.
Each signature must be correctly dated. If the order or dates are wrong, the Office of the Public Guardian will reject the application.
An LPA must be registered with the Office of the Public Guardian before it can be used.
Registration involves submitting the completed LPA form, paying the registration fee and allowing time for the Office of the Public Guardian to review the application.
Registration can take 8-10 weeks. It is often best to register the LPA as soon as it has been signed to avoid delays when it is needed.
Once registered, a Lasting Power of Attorney can be used when needed.
A Property and Financial Affairs LPA can be used as soon as it is registered, with the Donor’s permission, or if the Donor lacks capacity.
A Health and Welfare LPA can only be used if the Donor lacks mental capacity to make the relevant decision.
Using an LPA means Attorneys must act in the Donor’s best interests and follow the Mental Capacity Act.
Attorneys should keep records of decisions, consult others where appropriate, and follow any Preferences or Instructions set out in the LPA.
Errors in signing or registration are one of the most common reasons an LPA is delayed or rejected.
Correct completion helps ensure the LPA is accepted by the Office of the Public Guardian and trusted by banks, care providers and medical professionals.
Delays usually happen because of small but critical errors in the application. Common causes include missing signatures, incorrect dates, signing sections in the wrong order or witnesses not completing their details correctly.
The Office of the Public Guardian must return any LPA that does not meet legal requirements. This can add weeks or months to the registration process. Careful checking before submission significantly reduces the risk of delay.
The Office of the Public Guardian checks that the LPA follows the law and protects the donor.
This includes confirming that all required sections are completed, signatures are valid and correctly ordered, dates make sense, witnesses are eligible and the certificate provider has properly confirmed the donor’s understanding and lack of pressure.
They also review the document for safeguarding concerns or unclear instructions that could create legal risk.
If signatures are completed in the wrong order, the LPA will usually be rejected.
The donor must sign first, followed by the certificate provider, and then the attorneys and witnesses. If this sequence is broken, the Office of the Public Guardian cannot register the LPA, even if all parties intended to sign correctly.
In most cases, the entire document must be completed again.
If a witness makes an error such as missing a signature, using the wrong date or being ineligible to act as a witness, the LPA may be rejected.
Some minor errors can be corrected if identified early, but many witness mistakes cannot be fixed once the document has been sent to the Office of the Public Guardian. This is why careful checking before submission is essential.
Safeguarding concerns can be raised by the Office of the Public Guardian if something in the LPA suggests pressure, coercion or risk to the donor.
Concerns may also be raised by people notified during the registration process. If an objection is made, the registration may be paused while the issue is reviewed.
The Court of Protection has the authority to intervene at any time if there are concerns about how an LPA is being made or used.
It can give directions, remove attorneys, cancel an LPA, or make decisions on behalf of the donor if necessary. Even with a registered LPA, the Court of Protection remains the ultimate safeguard.
During an investigation, the Office of the Public Guardian gathers information to assess whether the donor is being protected and whether the attorney is acting lawfully.
This may involve requesting documents, contacting attorneys, speaking to professionals or referring the matter to the Court of Protection. Investigations are designed to protect donors, not to punish attorneys acting properly.
A solicitor can’t override a valid Lasting Power of Attorney on their own.
Attorneys appointed under an LPA have legal authority to make decisions within the scope of the document. A solicitor can advise, raise concerns or apply to the Court of Protection if there are safeguarding issues, but they cannot replace or override an attorney unless the court orders it.
Yes, a Lasting Power of Attorney can be challenged after it has been registered.
Challenges usually relate to concerns about mental capacity at the time it was made, pressure or abuse, or attorneys not acting in the donor’s best interests. Concerns can be raised with the Office of the Public Guardian, which has powers to investigate and, if necessary, involve the Court of Protection.
Care homes must usually respect decisions made by a valid attorney, but there are limits.
Attorneys must act within the powers granted by the LPA and in the donor’s best interests. Care homes can question or escalate decisions if they believe a decision is unsafe, unlawful, or outside the attorney’s authority. Serious concerns may be referred to safeguarding teams or the Court of Protection.