Lasting Power of Attorney FAQs

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Frequently Asked Questions

1 - What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows you (the donor) to appoint one or more trusted people (attorneys) to make decisions on your behalf if you cannot make them yourself, or, for some financial matters, to help while you still have capacity.

2 - What are the two types of LPA?

There are two separate LPAs:
• Property and Financial Affairs LPA: covers money, property, bank accounts, bills and investments.
• Health and Welfare LPA: covers care, medical treatment, living arrangements and potentially life-sustaining treatment decisions.

3 - When should I make an LPA?

The best time is while you are healthy and have full mental capacity. Many people think LPAs are only for older people, but accidents, illness or unexpected incapacity can happen at any age.

4 - Who should I choose as my attorney?

Most people appoint a spouse, partner, adult child, sibling or close friend. The key requirement is that the person is trustworthy, capable and willing to act in your best interests. You can appoint more than one attorney.

5 - Can more than one attorney act for me?

Yes. Attorneys can be appointed:
• Jointly (all decisions together),
• Jointly and severally (independently or together), or
• A combination of both for different decisions.

6 - How much does an LPA cost?

The registration fee is currently £92 per LPA in England and Wales. If you create both types, the fee is normally £184. Some people may qualify for a reduction or exemption based on income or benefits.

7 - When can an attorney start acting?

A Property and Financial Affairs LPA can be used once registered, if you've given permission. A Health and Welfare LPA can only be used when you no longer have mental capacity to make the relevant decision yourself.

8 - Do I need to register an LPA?

Yes. An LPA has no legal effect until it is registered with the Office of the Public Guardian (OPG). Registration typically takes around 10-12 weeks if there are no errors.

9 - What happens if I don't have an LPA and lose capacity?

Your family cannot automatically take over your affairs. They may need to apply to the Court of Protection to become a deputy, which is usually more expensive, time-consuming and restrictive than having an LPA in place.

10 - Can I change or cancel my LPA?

Yes. As long as you still have mental capacity, you can revoke (cancel) your LPA, replace attorneys, or create a new LPA.

11 - What is a Certificate Provider in an LPA?

A Certificate Provider is an independent person who signs the LPA to confirm that you understand what the document does, that you have the mental capacity to make it, and that no one is putting you under pressure or forcing you to create it. The Certificate Provider is an important safeguard designed to protect people from abuse or fraud.

12 - Who can act as a Certificate Provider?

A Certificate Provider must either be someone who has known you personally for at least two years, such as a friend or neighbour, or someone with relevant professional expertise, such as a solicitor, doctor, or social worker. Using a professional Certificate Provider provides an independent check and can provide reassurance to your attorneys and family members should questions arise in the future. Certain people cannot act as a Certificate Provider, including your attorneys, replacement attorneys, close family members of attorneys, or employees of a care home where you live.

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