Putting a Lasting Power of Attorney (LPA) in place is one of those tasks people often mean to do “later.” But timing really matters here. An LPA can only be used once it’s officially registered, and that process isn’t instant.
What is a Lasting Power of Attorney?
An LPA is a legal document that lets you give authority to someone you trust to step in and make decisions in your best interests if you’re ever unable to make them yourself.
There are two main types of power of attorney:
- Property and Financial Affairs – covering things like paying bills, selling property, or managing bank accounts.
- Health and Welfare – covers things like medical treatment, care arrangements, and day-to-day wellbeing. This is sometimes called a welfare lasting power of attorney.
You can apply for a Lasting Power of Attorney for either finances or health, or set up both. Many people choose to make both so they’re covered for every situation, from paying bills to deciding on future care.
How long does it take to get a Lasting Power of Attorney?
Once you’ve completed the LPA forms, the next step is to register your LPA with the Office of the Public Guardian (OPG). This usually takes 2 to 3 months from the day they receive your paperwork. However, the government warns that it can take up to 20 weeks if there are errors or if the OPG is experiencing long waiting times.
Part of this timeframe includes a built-in three-week statutory waiting period. This is there to protect you. If you’ve chosen to name people to be told about your application, the OPG will send them a formal notice (called an LP3 form). These people then have three weeks to raise any concerns, for example, if they believe you were pressured into signing or you didn’t have the mental capacity to make the decision.
During the wait, nothing happens with your application until that window closes. Once it does, the OPG carries out detailed checks to make sure everything is in order. Each person involved (e.g. the donor, attorneys, and the certificate provider) must sign correctly and in the right order. If even one detail is wrong, the forms will be sent back, and the whole process will start again.
Current Wait Times with the Office of the Public Guardian
The application process is now simpler thanks to the option to apply online through gov.uk, which reduces errors and speeds things up.
As of December 2024, the Office of the Public Guardian processes most applications in 8 to 10 weeks, including the 3-week statutory waiting period. The average was closer to 16 weeks a few years ago, so this is a real improvement. Still, mistakes on the forms or extra checks can push things back, so it’s wise to apply early, seek legal advice and get your LPA in place before you need it.
What can delay your LPA registration?
Even with quicker processing times, some applications still take longer than expected. The most common causes of delay include:
Incorrectly Completed Forms
Every person involved, from the donor to the attorneys and the certificate provider, must sign in the right order. If anything is missed, the OPG will send the forms back.
Objections
If you’ve chosen to notify people about your application, they have three weeks to raise concerns. This safeguard is important, but it does add to the timeline.
Errors with Witnesses
Signatures need to be witnessed correctly. Missing details here can make the whole LPA application invalid.
What You Can Do While You Wait
Once you’ve sent off your LPA forms, you can’t use them until the LPA is registered with the OPG. But you can get organised while you wait:
- Talk to your chosen attorneys – make sure they fully understand their role and are ready to make decisions in your best interests when the time comes. Clear discussions now help avoid confusion later.
- Get your finances organised – if you’re creating a Property and Financial Affairs LPA, pull together details of your bank accounts, investments, pensions, and bills so your attorneys know where everything is.
- Think about your care wishes – for a Health and Welfare LPA, you might want to write down your preferences around medical treatment, living arrangements, or day-to-day support. This helps your attorneys act consistently with your values.
Why You Shouldn’t Wait to Set Up a Power of Attorney
Many people put off applying, but waiting can cause real problems if the donor (the person making the LPA) applies too late.
A Lasting Power of Attorney only works if it’s registered while you still have the mental capacity to make your own choices.
Putting an LPA in place early gives peace of mind that someone you trust will be able to make decisions on your behalf and protect your interests if you ever become unable to make them yourself.
What to Do If the Donor Loses Capacity Before the LPA is Granted
If the donor loses mental capacity before the OPG has finished registering an LPA, the application can’t go ahead. The law is strict on this: you must have the mental capacity to make an LPA at the time of signing, and the OPG will only complete the process if that condition is met.
When this happens, the family usually has to apply to the Court of Protection instead. This allows the court to appoint someone to make financial or care-related decisions for the person who is now unable to make them. While this provides a solution, it’s much slower and far more expensive than the standard £82 LPA fee and involves ongoing supervision.
Set Up a Lasting Power of Attorney Today
Applying for an LPA doesn’t need to feel overwhelming. Our specialist team can guide you through each step, making sure the forms are completed correctly and the process runs smoothly. We’ll handle the details so you can feel confident your LPA is registered properly and ready when you need it.
Contact us today to start your application, and we’ll make the process simple, clear, and stress-free.
FAQS About LPA Timeframes
Can I speed up my LPA application?
There’s no way to fast-track the process with the OPG. The three-week statutory waiting period is mandatory, and checks take time. The best way to avoid delays is to get the forms right the first time, ideally with help from a solicitor.
How long does it take if there are mistakes on the LPA forms?
If your forms are returned because of missing signatures or errors, you’ll need to correct them and resubmit. This can add several more weeks, as the process restarts.
What happens if I need to use the LPA before it’s registered?
The LPA only becomes valid once the OPG registers it. If you suddenly need help while waiting, your attorneys won’t have the authority to act until the paperwork is complete.
How long does an LPA last once it’s registered?
Once granted, an LPA doesn’t expire. It remains in force unless you cancel it, replace it, or until the donor dies.
Is the timeframe the same for both types of LPA?
Both Property and Financial Affairs and Health and Welfare LPA applications take the same amount of time to process. If you submit them together, the OPG usually handles them in a similar timeframe. This is often the best approach, as there’s no need to do one and then wait to apply for the other. If you can afford the fees, it makes sense to apply for both at the same time so you’re fully covered.