Putting a Lasting Power of Attorney (LPA) in place means you choose someone you trust to make decisions if you can’t. It’s a legal safeguard that protects both your wishes and your family’s peace of mind.
The good news is that the process is straightforward once you know the steps. You can apply online or on paper, and with some preparation, you’ll avoid the common mistakes that slow things down.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to give one or more people the authority to make decisions on your behalf if you’re unable to. It’s there to protect you if illness, injury, or loss of mental capacity means you can’t manage things yourself.
When you make an LPA, you must still have the mental capacity to set it up. This is confirmed by an independent person known as a certificate provider, who checks that you understand what you’re signing and that you’re not under pressure. This safeguard is a key part of protecting donors when making an LPA.
There are two main types:
- Property and Financial Affairs LPA – covers money matters like paying bills, managing bank accounts, or selling property.
- Health and Welfare LPA – covers personal decisions, including medical treatment, care arrangements, and day-to-day wellbeing.
You can set up one or both, depending on your circumstances. An LPA is different from an ordinary power of attorney, which only applies while you still have full mental capacity and usually for a short-term need.
Decisions to Make Before You Register a Power of Attorney
Before you begin filling out the forms, there are some important choices to think through:
Who will act as your attorney(s)?
Your attorney or attorneys could be a partner, family member, friend, or professional. Choose someone you trust to act in your best interests. You can also appoint replacement attorneys in case your first choice can’t act later.
How will decisions be made?
Attorneys can act jointly (always together) or jointly and severally (together or independently). Each option has different practical implications, so think carefully about what works best.
Do you have any preferences or instructions?
You can include guidance for your attorneys, like how you’d like finances managed or your views on medical treatment. Some points can be legally binding instructions; others are more like strong preferences.
Who will be your certificate provider?
Your certificate provider is the independent person who confirms you understand what you’re signing and that you’re not being pressured into it. They must know you well, but they can’t be a relative or one of the attorneys.
What You’ll Need to Make a Lasting Power of Attorney
Getting organised at the start makes the application process much smoother. Here’s what you’ll need:
- The correct forms:
- Personal details: Full names, addresses, and dates of birth for yourself and your chosen attorneys.
- Identification: Proof of identity may be required for you and your attorneys.
- Certificate provider
- Witnesses: Each signature must be properly witnessed, and the forms have to be signed in a specific order.
- (Optional) A list of people to notify: You can name people to be formally informed when the LPA is submitted. They’ll have the right to raise concerns if they believe something isn’t right.
How to Apply for Lasting Power of Attorney: Step-By-Step
1. Talk to Your Proposed Attorneys
Speak with the people you’d like to appoint. Make sure they understand what’s involved and are happy to take on the role. This avoids problems later if someone feels unable to act.
2. Fill Out the LPA Form
You can complete the forms online through the government website or use paper versions. Be clear with your instructions and preferences so your attorneys know how you’d like decisions to be made.
3. Prove Mental Capacity
A certificate provider must sign the form to confirm you understand what you’re doing and that no one is pressuring you. This safeguard is essential to the validity of the LPA.
4. Sign the Documents
The signing must follow a strict order: you sign first, then the certificate provider, then your attorneys. Each signature needs to be witnessed correctly.
6. Submit the Paperwork to the Office of the Public Guardian
Send your completed forms to the Office of the Public Guardian (OPG) – one for each type of LPA you’re registering. You’ll also need to pay the application fee (or apply for a reduction/exemption if eligible).
If you’ve listed people to be notified, they’ll receive an LP3 form once your application is submitted. They then have three weeks to raise any objections with the OPG (for example, if they believe you were pressured into the decision).
7. OPG Checks & Registration
The OPG reviews the application to make sure everything is in order. This process can take several weeks. If there are mistakes, the forms may be returned, delaying registration.
8. Receive the Registered LPA
Once approved, you’ll receive the registered LPA. Keep the original safe, and request certified copies for banks, care providers, or anyone who may need to see it.
Tips for Setting Up a Lasting Power of Attorney
Typical Timeline
Registration usually takes around 8 to 12 weeks once the Office of the Public Guardian receives your application. Delays are common if forms are filled in incorrectly or if there are objections, so it’s best to start early.
Avoiding Common Errors
The most frequent issues are forms signed in the wrong order, missing witness details, and unclear instructions that can’t be legally followed. Double-check everything before sending it in.
Fee Reductions & Exemptions
The application fee applies per LPA. If you’re on a low income (below £12,000 a year before tax), you may be able to apply for a 50% reduction. If you receive certain means-tested benefits, you might not have to pay at all.
Certified Copies
It’s worth arranging certified copies of the LPA once registered, as most banks and care providers will need to see one. This avoids the risk of the original being lost in the post.
After Registration: Using, Updating, Replacing
Using an LPA
Once your LPA is registered, it becomes a practical tool you and your attorneys can rely on. A Property and Financial Affairs LPA can be used straightaway, but only with your consent while you still have capacity.
If you later lose capacity, your attorneys can continue to act for you. A Health and Welfare LPA is different, as it only comes into effect once you are no longer able to make those decisions yourself.
Updating an LPA
Circumstances can change. If an attorney moves abroad, becomes unwell, or no longer wishes to act, you can update your LPA while you still have capacity. This keeps the document relevant and makes sure your choices continue to reflect your situation.
Replacing or Cancelling an LPA
If you decide you no longer want an LPA in place, you can cancel it formally. A new LPA can be made at any time provided you have capacity. This flexibility means your arrangements can adapt as your life does.
Need Help Applying for an LPA?
Setting up a Lasting Power of Attorney isn’t something you want to get wrong. Even a small error can delay registration or leave your wishes unclear when they matter most.
With Triangle Legal Services, you’ll have an experienced team guiding you through every step. We’ll handle the paperwork, make sure the forms are signed in the right order, and keep the process moving without unnecessary stress.
Our friendly team will give you certainty on the costs involved and complete peace of mind that your LPA is legally sound and ready to protect you and your family’s future. Contact us today, and we’ll be in touch to give you more details.
FAQS About How to Register a Lasting Power of Attorney
Do LPA attorneys need to live in the UK?
Attorneys don’t have to live in England and Wales, but it is far more practical if they do. An attorney who lives abroad may struggle with ID checks, online access, and dealings as an attorney that require quick responses. This is why many people choose at least one attorney close by.
How many LPA attorneys can I appoint?
You can choose one attorney or several. If you have multiple attorneys, you have to think carefully about how they will act together, whether jointly or jointly and severally.
Jointly means all attorneys must make every decision together. Nothing can go ahead unless they all agree and sign. This gives a strong safeguard, but it can be slow and impractical if one attorney is unavailable.
Jointly and severally means attorneys can act either together or independently. For example, one attorney could sign a cheque or deal with the bank without needing the others to be present. It’s more flexible day-to-day, but still allows them to act as a group if they want to.
You can also name replacements in case an attorney is unable to make decisions later on. Remember that if you appoint too many attorneys, it can complicate how decisions are made.
What happens if an LPA attorney can’t act later on?
If the donor has lost mental capacity and the attorney is unable to continue acting as an attorney, the Court of Protection may need to become involved. To avoid this, donors often name replacement attorneys when making an LPA. If you need to cancel or make a new one, a deed of revocation must be signed by the donor while they still have the capacity to make that decision.
When does an LPA end?
A Lasting Power of Attorney ends when the donor dies, if the donor cancels it with a deed of revocation, or if all attorneys can no longer act.
If the donor or attorney wishes to cancel, they need to sign the correct form while the donor still has the mental capacity to make the decision. If the donor has lost capacity, the attorney is acting until the Court of Protection decides otherwise. This is why it’s vital to register your LPA properly and keep the original power of attorney safe.