Most people put off making a lasting power of attorney (LPA) because it feels like something for later life. In practice, accidents and sudden illness can happen at any age, and without an LPA even a spouse cannot automatically manage your bank account or speak for you about your care. Setting up a lasting power of attorney is straightforward and far cheaper than the alternative.
Timing matters: you can only make a lasting power of attorney while you still have the mental capacity to do so. If you lose capacity first, your family may have to apply to the Court of Protection, which is slower and more expensive.
The two types of LPA
Property and financial affairs
This lets your attorneys manage money and property: paying bills, dealing with your bank, collecting pensions and benefits, and selling your home if needed. With your permission it can be used while you still have capacity, which is useful if you simply want help.
Health and welfare
This covers decisions about medical treatment, care, where you live and day-to-day matters such as diet. It can only be used once you lack capacity to make the decision yourself. You can choose whether your attorneys can make decisions about life-sustaining treatment.
Many people make both. Each is a separate document with a separate fee.
Step 1: Choose your attorneys
Attorneys must be 18 or over and should be people you trust completely, such as a partner, adult children or close friends. You can also appoint a professional, such as a solicitor, who will charge for their time. It is sensible to name replacement attorneys in case your first choices cannot act.
If you appoint more than one, decide whether they must act jointly (all agreeing every decision), jointly and severally (together or on their own), or a mix of the two. Jointly and severally is usually the most practical.
Step 2: Add any instructions and preferences
Instructions are rules your attorneys must follow, for example “my home must not be sold while my spouse lives there”. Preferences are wishes they should take into account. Keep instructions clear, because unworkable ones can cause the registration to be rejected.
Step 3: Choose a certificate provider
A certificate provider confirms that you understand the LPA and are not being pressured into it. They must be someone who has known you well for at least two years, or a professional such as a doctor or solicitor. Some people, including family members and your attorneys, cannot act as certificate provider.
Step 4: Fill in and sign the forms
You can make an LPA online through the GOV.UK service or on paper forms. The Office of the Public Guardian is modernising the process under the Powers of Attorney Act 2023, so check GOV.UK for the current steps. The signing order matters: you sign first, then the certificate provider, then the attorneys, with signatures witnessed as the forms require. Mistakes in the signing order are one of the most common reasons an LPA is rejected.
Step 5: Register the LPA
An LPA cannot be used until it is registered with the Office of the Public Guardian. The fee is £92 for each LPA. If you have a low income you may pay half, and people on certain means-tested benefits pay nothing. Registration can take several weeks, so do not leave it until the LPA is urgently needed.
What happens if you do not have an LPA?
If you lose capacity without one, someone will usually need to apply to the Court of Protection to be appointed as your deputy. That process takes months, involves court fees and ongoing supervision fees, and the court, not you, decides who manages your affairs.
Frequently asked questions
Do I need a solicitor?
No, many people make their own LPA. Legal advice is worthwhile where you own a business, have complex assets, expect family disagreement or where there are any doubts about capacity.
Is my old enduring power of attorney still valid?
Yes. Enduring powers of attorney made before October 2007 remain valid, but they cover finances only and must be registered once the person is losing capacity.
Can I cancel an LPA?
Yes. While you have capacity you can revoke it at any time by making a deed of revocation and telling the Office of the Public Guardian and your attorneys.
Getting help
For business assets, family disagreements or doubts about capacity, wills and probate solicitors can prepare your LPA alongside your will. If someone has already lost capacity, mental health and Court of Protection solicitors can help with a deputyship application. Thinking about your will too? See do I need a solicitor to make a will.
Sources
Checked against the law in England and Wales on 30 September 2026.