Setting up a Lasting Power of Attorney: the official route
A Lasting Power of Attorney (LPA) lets you appoint people you trust to make decisions for you if you later can't. In England and Wales there are two separate types: one for property and financial affairs, and one for health and welfare. Each is a separate application. You do not need a solicitor, as the gov.uk service is designed to be used without one for straightforward situations. Each LPA must be registered with the Office of the Public Guardian, and the fee is £92 per LPA. Importantly, you must make an LPA while you still have mental capacity.
Written by the team behind Agent Nina, our wills and estates specialist. This guide is general information about UK law, reviewed for accuracy.Two separate types
A Lasting Power of Attorney (LPA) lets you appoint people you trust ('attorneys') to make decisions for you if you later can't make them yourself. In England and Wales there are two separate types, and they are genuinely separate applications: one for property and financial affairs, and one for health and welfare. Many people put both in place; you can, but you complete and register each one.
You do not need a solicitor to make an LPA. The government provides the forms and step-by-step guidance directly, and the honest position is that for straightforward family situations the official gov.uk service is designed to be used without a lawyer. A solicitor adds cost, and is worth considering where arrangements are complex or contested.
Registration and the £92 fee
Each LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA is not effective. The registration fee is £92 per LPA (so £184 for both types). Reductions and exemptions exist: broadly, a reduced fee if your gross annual income is under £12,000, and exemption if you receive certain means-tested benefits. You claim these when you apply.
The signing order, and why to act early
The part to get right is the signing. A certificate provider must sign. This is an impartial person who confirms you understand the LPA and aren't being pressured. The donor, attorneys and witnesses must then sign in the correct order and on the correct dates. Sign things out of sequence and the OPG can reject the registration, so follow the running order in the guidance carefully.
One more point worth knowing: make an LPA while you still have mental capacity. You cannot set one up once capacity is lost. At that stage families face a slower, costlier deputyship application to the Court of Protection instead.
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How many types of LPA are there?
Two, and they are genuinely separate applications: one for property and financial affairs, and one for health and welfare. Many people put both in place, completing and registering each one.
Do I need a solicitor to make an LPA?
No. The government provides the forms and step-by-step guidance directly, and for straightforward family situations the official gov.uk service is designed to be used without a lawyer. A solicitor is worth considering where arrangements are complex or contested.
How much does it cost to register an LPA?
£92 per LPA (so £184 for both types). A reduced fee applies broadly where your gross annual income is under £12,000, and there is exemption if you receive certain means-tested benefits. You claim these when you apply.
Why must I set up an LPA while I still have capacity?
You cannot set one up once capacity is lost. At that stage families face a slower, costlier deputyship application to the Court of Protection instead. That is why making an LPA while you still have mental capacity is important.
What commonly goes wrong with LPA registration?
The signing order. A certificate provider must sign, and the donor, attorneys and witnesses must sign in the correct order and on the correct dates. Sign things out of sequence and the OPG can reject the registration, so follow the running order in the guidance carefully.