How to Set Up a Lasting Power of Attorney in England & Wales — Step by Step

This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs.

To set up a Lasting Power of Attorney in England and Wales, you complete the official OPG forms, sign them in a legally required order with a certificate provider present, and register with the Office of the Public Guardian — a process that takes around 20 weeks in total. See also the step-by-step process to make an LPA on GOV.UK. You must do this while you still have mental capacity. Here is exactly how each step works.

Before You Begin: What Is an LPA?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust — called an attorney — to make decisions on your behalf if you lose the mental capacity to make them yourself.

There are two main types of LPA in England and Wales: a Health and Welfare LPA, which covers decisions about your day-to-day care, medical treatment, and living arrangements; and a Property and Financial Affairs LPA, which covers decisions about managing your bank accounts, paying bills, collecting benefits or pensions, and even selling your home.

Most people are advised to set up both — see types of LPA explained for a detailed comparison. They cover different areas of your life and cannot substitute for each other.

Who Can 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. This is one of the most important points: you can only set up an LPA while you still have capacity. Once capacity is lost, it is too late.

Over one million people in the UK are projected to have dementia by 2025, and countless others could lose capacity through stroke, brain injury, or other illness. LPAs are not just for the elderly — unexpected illness or injury can affect anyone at any age.

Step 1: Decide Which LPA(s) You Need

Start by deciding whether you need one or both types:

Property and Financial Affairs LPA

Covers bank accounts, bills, investments, property, and pensions. This type can be used as soon as it is registered, with your permission — not just when you lose capacity.

Health and Welfare LPA

Covers medical treatment, care arrangements, daily routine, and living situation. This type can only be used once you have lost capacity to make those decisions yourself.

Setting both up at the same time is more cost-effective than doing them separately, and ensures you are fully protected on all fronts.

Step 2: Choose Your Attorney(s)

Your attorney must act in your best interests, follow the Mental Capacity Act obligations, and consult with people close to you.

Choose carefully. Your attorney will have significant legal power over your affairs. Consider:

• Trustworthiness — above all else, choose someone whose judgement and integrity you have complete confidence in
• Availability — they need to be willing and able to act when needed
• Age and health — choose someone likely to outlive you and remain capable
• Location — a local attorney is often more practical for day-to-day financial decisions

You can appoint more than one attorney and decide how they will make decisions — jointly, meaning they must all agree, or jointly and severally, meaning they can act independently or together.

You can also appoint replacement attorneys — people who step in if your primary attorney can no longer act. This is strongly recommended.

Step 3: Choose a Certificate Provider

A certificate provider is a person who confirms two things: that you understand what the LPA is and what it means, and that you are not being pressured into making it.

The certificate provider can be a family member, friend, or a professional such as a solicitor or doctor — but they cannot be one of your attorneys or replacement attorneys.

The certificate provider is a safeguard to protect you, the donor. Their role is to verify that the LPA reflects your genuine wishes made with full understanding.

Step 4: Decide Whether to Add People to Notify

You can choose people to be notified when the applicant applies to register the LPA. Having people to notify is optional but provides extra security — they get a chance to raise any concerns about the LPA before it is registered, for example if they believe the donor has been put under pressure to make it.

This is worth considering if your circumstances are complex or if there is any possibility of family disagreement.

Step 5: Complete the LPA Forms

You can complete your LPA online using the GOV.UK service, which provides step-by-step guidance and saves your progress as you go — so you do not need to complete it in one sitting.

Alternatively, you can use an online power of attorney service — London residents and others across England and Wales can use Wills & Power, which guides you through the same process with additional support to reduce the risk of errors.

There is a separate form for each type of LPA. Everyone involved must sign the same original document.

When completing the forms you will need:

• Your full legal name, address, and date of birth
• Your attorney(s)' full names, addresses, and dates of birth
• Your certificate provider's details
• Any specific instructions or preferences you want to include
• Details of any replacement attorneys

Step 6: Sign the LPA in the Correct Order

This step is critical — and a common source of errors. The LPA must be signed in a specific sequence:

1. You sign first — in the presence of a witness
2. Your certificate provider signs — confirming your capacity and consent
3. Your attorney(s) sign — each in the presence of their own witness, confirming they understand their responsibilities

It is important to make sure all details are correct and you are happy with the document before applying to register. If there are any mistakes or changes are needed, you will have to pay again.

Step 7: Register with the Office of the Public Guardian

Once signed, the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA has no legal power.

Registration takes 8 to 10 weeks if there are no mistakes in the application. Applying to register an LPA costs £92 unless you get a reduction or exemption.

You do not have to register the LPA as soon as you create it, but it is a good idea to. This gives you time to sort out any problems so the LPA will be ready to use as soon as it is needed.

To register, send the completed, signed LPA to the OPG along with the registration fee. You can track the progress of your application online.

Step 8: Store Your LPA Safely

Once registered, keep your LPA somewhere safe and accessible. Your attorney will need to present the original registered document when using it.

• Tell your attorney where the document is stored
• Consider keeping certified copies for use with banks, healthcare providers, and other institutions
• Some online services offer secure document storage as part of their package

Common Mistakes to Avoid

Leaving it too late — You can only make an LPA while you have mental capacity. Many people wait until a health crisis — by which point it may be too late. Act while you are well.

Signing in the wrong order — The LPA must be signed in the correct legal sequence. Signing out of order invalidates the document and requires starting again.

Errors in the forms — It is important to be careful because mistakes might mean your LPA is rejected. A rejected application means resubmission, further delays, and in some cases additional fees.

Choosing an attorney without discussing it with them — Your attorney must be willing to take on the role. Always discuss it with them in advance — it is a significant legal and personal responsibility.

Not appointing replacement attorneys — If your sole attorney dies, loses capacity, or is unwilling to act, and you have no replacement named, your LPA may become unusable.

LPA Setup: At a Glance

Do You Need a Solicitor?

You don't legally need a solicitor, but many people choose professional support to ensure the forms are completed correctly and reflect their wishes.

For most people with straightforward circumstances, an online LPA service offers the right balance — step-by-step guidance, reduced risk of errors, and a fraction of the cost of full solicitor fees.

A solicitor adds the most value when your situation is complex: multiple attorneys with different decision-making arrangements, concerns about capacity being challenged, overseas assets, or business interests.

Want to know how much does an LPA cost? Read our full pricing breakdown.

*This article is for informational purposes only and does not constitute legal advice. This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs — separate documents are required in those jurisdictions. For complex situations, we recommend seeking independent legal guidance.*

See what happens without an LPA in place.

Start your LPA — the process is simpler than most people expect.

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