What is an LPA?

Key Points

An LPA gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. The Office of the Public Guardian (OPG) registers LPAs in England and Wales, and the current fee is £92 per LPA. More than 800,000 people in the UK have dementia, and every 90 seconds someone is admitted to hospital with a brain injury. An LPA is not just for older people.

What decisions can an attorney make for me?

An LPA gives your attorney authority to make decisions about your personal welfare (including healthcare) or your property and financial affairs. The attorney can only act within the powers you grant in the document. Attorneys always have to act in your best interests.

There are two types of LPA: health and welfare, and property and financial affairs. You can make one type or both. Each requires a separate form and a separate registration fee.

A property and financial affairs LPA covers decisions about your money and property, including opening, closing and using bank accounts, claiming benefits and pensions, paying bills, and selling your home. You don't have to own your own home or have a lot of money to make an LPA for property and financial decisions.

A health and welfare LPA covers your health care and personal welfare, including giving or refusing consent to medical treatment, deciding where you live (for example whether you stay in your own home or move into a care home), and decisions about your daily routine such as washing, dressing and eating. One very important decision has its own section in a health and welfare LPA: you can choose whether your attorneys or your doctors should make decisions about accepting or refusing medical treatment to keep you alive.

When can my attorney start using the LPA?

A health and welfare LPA can only be used after it has been registered and once you have lost mental capacity.

A property and financial affairs LPA can be used as soon as it is registered (with your permission), or only if you lose mental capacity, depending on what you choose when you make it. Most people choose the first option as it is the most practical: it means your attorneys can help you now and in the future, and while you still have capacity they can only act with your permission.

Who can I appoint as my attorney?

You can ask anyone with mental capacity aged 18 or over to be your attorney. In legal terms an attorney is a person who is allowed to act on behalf of someone; attorneys do not need to be solicitors, and most people choose family members, friends and other people they trust with no legal background.

An individual who is bankrupt or is a person in relation to whom a debt relief order is made may not be appointed as attorney for property and affairs. You can appoint more than one attorney and decide whether they must act jointly (together) or jointly and severally (independently or together). For help making this choice, read our guide to who you should appoint as your attorney under an LPA.

How do I make an LPA?

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA. You do not need to live in the UK or be a British citizen to make an LPA.

You can make an LPA yourself using the online service at GOV.UK, but if you have any questions about your choices or how the document will work, seek advice from a solicitor. A solicitor can explain your options and raise questions you may not have considered, such as what should happen if an attorney can no longer act or how disagreements between attorneys could affect decisions. Their advice can help you make informed choices and ensure your LPA reflects your wishes and circumstances.

Make sure that each person agrees to be your attorney before you name them in your LPA. The LPA must be signed by you, your attorneys and a certificate provider (an impartial person who confirms you understand what you are doing). An LPA is not created unless an instrument is made and registered in accordance with Schedule 1 of the Mental Capacity Act 2005.

How do I register my LPA?

To register, you need to sign your completed LPA form and send it to the Office of the Public Guardian. Registration will take 8 to 10 weeks if there are no mistakes in the application.

Applying to register one LPA costs £92. It costs £92 to register each LPA unless you get a reduction or exemption, which means it costs £184 to register both a property and financial affairs LPA and a health and welfare LPA.

If the donor receives certain means-tested benefits when you apply to register the LPA, you won't have to pay anything (an exemption), and if the donor's income before tax is less than £12,000 a year, you will only have to pay half (a 50% remission). If you are entitled to a remission, you will pay £46 to apply to register an LPA.

What are my attorney's responsibilities?

Attorneys must always act in your best interests when making decisions and acting for you. The principles of the Mental Capacity Act 2005 and the rules in the Mental Capacity Act Code of Practice, which your attorneys must follow, are set out in the LPA.

The Code of Practice requires attorneys to:

Even when you lose mental capacity, your attorneys must involve you as much as possible in decision-making.

What happens if I lose mental capacity without an LPA?

When a person does not have the mental capacity to ask someone else to manage their affairs, an individual can apply to the Court of Protection to become a deputy for that person, and these applications are made when the person has lost capacity to make an LPA. If the court agrees that the applicant is the most suitable person to become the deputy, it issues a deputyship order, and once the order is issued the deputy can make certain decisions on behalf of the person.

The Court of Protection is a specialist court which makes specific decisions or appoints other people known as deputies to make decisions on behalf of people who lack the capacity to do so for themselves. A deputyship application is more expensive, takes longer, and gives the deputy less flexibility than an LPA. Read more about what happens if you lose mental capacity without an LPA.

Frequently asked questions

Can I cancel my LPA after I have made it?

You (the donor) can cancel your LPA at any time as long as you have mental capacity, and it does not matter if the LPA is registered; if it is registered, you must write a deed of revocation to cancel it. You should notify your attorneys and the Office of the Public Guardian.

Do I need a solicitor to make an LPA?

No, making an LPA using the government's online service is simple and uses no complicated legal language, and many people save money and create a valid LPA without the help of a solicitor, although because an LPA is a very important document some people do prefer to involve a legal expert.

Can an LPA be used in Scotland or Northern Ireland?

No, your LPA will be legally binding only in England and Wales. LPAs cover people who live or have assets in England and Wales, and an LPA may not work in other countries, including Scotland and Northern Ireland. If you need a power of attorney that works elsewhere, you should take legal advice.

How much does it cost to make an LPA?

The Office of the Public Guardian charges £92 to process an LPA application. People on some benefits can pay less or no fee, and the OPG's fee does not include the cost of paying a solicitor to help create your LPA if you use one. Read our detailed guide on how much an LPA costs.

What is mental capacity?

Mental capacity is the ability to make a specific decision at the time that it needs to be made; a person with mental capacity has at least a general understanding of the decision they need to make, why they need to make it and what is likely to happen when they make it. Sometimes people have the capacity to make some decisions but not others.

Last reviewed: September 2026

Talk to Pearce Legal

If you need help making a lasting power of attorney or have questions about planning for the future, our team is here to guide you. We can help you understand your options, draft your LPA correctly and ensure it is registered without delay. Call us on 0121 270 2700 or get in touch through our contact page.

Further reading

Read our guide to choosing the right attorney for your LPA, including whether to appoint family members, multiple attorneys or replacement attorneys.

Find out how much an LPA costs, including the Office of the Public Guardian registration fee, reductions, exemptions and possible solicitor fees.

Learn what happens if you lose mental capacity without an LPA, including the Court of Protection deputyship process, timescales and ongoing fees.

Author: Jodie Hall

Jodie Hall is a Solicitor in the Private Client team at Pearcelegal, based in Solihull, West Midlands. She is regulated by the Solicitors Regulation Authority under SRA number 666606.

Jodie joined Pearcelegal in the summer of 2023, having qualified as a solicitor at a firm in London earlier that year. At Pearcelegal, she advises clients on Wills, Lasting Powers of Attorney, Probate and estate administration, and Trust matters. She has also contributed to the firm's legal content, including guidance on the probate process and considerations for making a will.

Client reviews rate Jodie 5.0 out of 5 across six reviews on Review Solicitors, Outside of work, Jodie enjoys experiencing new cuisines, cooking, and visiting National Trust sites.

Pearcelegal itself is authorised and regulated under SRA firm number 423097.