A Lasting Power of Attorney (LPA) lets you choose someone you trust to make important decisions on your behalf if you ever lose the ability to do so. It can cover health and care choices or managing finances, giving you peace of mind that your affairs will be handled the way you want.
Whether you're planning ahead for yourself or helping a loved one, this guide will walk you through the process of applying for an LPA — from choosing an attorney to registering the document—so you’re fully prepared for the future.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf if you ever become unable to do so. This could be due to illness, injury, or old age. Setting up an LPA in advance ensures that important choices about your health, care, and finances are made by someone who understands your wishes.
There are two types of LPA, each covering different areas of life:
1. Health and Welfare LPA
This allows your chosen attorney(s) to make decisions about your medical care, living arrangements, and daily wellbeing if you lose mental capacity. It can cover things like:
What medical treatments you receive (or refuse).
Whether you move into a care home or receive care at home.
Decisions about life-sustaining treatment.
This type of LPA only comes into effect if you are unable to make decisions yourself.
2. Property and Financial Affairs LPA
This gives your attorney(s) the power to manage your money and property, ensuring your financial affairs are taken care of. Depending on your preferences, they could:
Pay bills and manage bank accounts.
Collect pensions and benefits.
Buy, sell, or maintain property.
Handle investments and taxes.
Unlike a Health and Welfare LPA, this type of LPA can be used immediately if you choose, even while you still have mental capacity — helpful if you need assistance managing finances.
Having an LPA in place means that, should the unexpected happen, your affairs won’t be left in limbo. Instead, someone you trust will have the legal authority to step in and act in your best interests.
Five steps to apply for a Lasting Power of Attorney
Setting up an LPA ensures that if you ever lose the ability to make decisions, someone you trust can step in and handle your affairs. Here’s a step-by-step guide to getting it done smoothly.
Step 1: Choose your attorneys
Your attorney(s) will have legal authority to make decisions on your behalf, so choosing the right person is crucial. Pick someone responsible, reliable, and able to act in your best interests. This could be a family member, close friend, or even a professional (like a solicitor).
💡 Tip: You can also name replacement attorneys in case your first choices can’t act when needed.
Step 2: Decide on the type of LPA
There are two types of LPA people choose to set up to offer full protection.
A health and welfare LPA covers decisions about medical treatment, care, and living arrangements.
A property and financial affairs LPA allows attorneys to manage your bank accounts and bills. They sort pensions, property, and arrange financial matters.
Step 3: Complete the LPA forms
To apply, you’ll need to fill out the correct LPA application form:
Form LP1F for a property and financial affairs LPA
Form LP1H for a health and welfare LPA
The forms need:
Details of the donor and attorneys (full names and contact information)
Instructions and preferences about how they should make decisions
Signatures from witnesses and a certificate provider. This is a neutral third party who confirms the donor understands what they are signing and isn’t under pressure.
Step 4: Get the LPA signed and witnessed
The donor, attorneys, and witnesses must sign the LPA in the correct order to make sure it’s valid by law. Any mistakes in this step could delay the application.
Step 5: Register the LPA with the Office of the Public Guardian (OPG)
An LPA can’t be used until it has been officially registered. To register:
Send the completed forms to the Office of the Public Guardian (OPG).
Pay the registration fee of £82 per LPA (you may qualify for a fee reduction or exemption based on income).
Registration typically takes up to 20 weeks, so it’s best to apply well in advance.
If you need help to complete or review your LPA forms, our Lasting Power of Attorney solicitor can guide you. They will help you with the process and help avoid delays.
💡Editor's insight: "You might need to make a repeat application if the previous application was rejected. This could be due to missing information, signing in the incorrect order or unclear terms. If you apply again with the correct forms, you should know the application fee to register is £41.”
Where can you get the LPA forms?
You can get the official Lasting Power of Attorney (LPA) forms in three ways:
Download them online – The forms are available on the UK government website for free.
Request paper copies by post – You can order printed forms from the Office of the Public Guardian (OPG) if you prefer to fill them out by hand.
Complete them online – The OPG’s online LPA service allows you to fill out the forms digitally. This makes the process easier and reduces the risk of errors.
Once completed, you must print he forms, sign them, and submit to the OPG for registration.
Do you need a solicitor to get an LPA?
No, you do not need a solicitor to apply for an LPA - you can complete and register the forms yourself. But getting legal advice can be helpful, especially if your situation is complicated. You might consider a solicitor if:
You own a business or have significant assets and need specific instructions in your LPA.
You want to avoid family disputes by making sure the document is legal.
You’re not sure how to word your wishes or restrictions for your attorneys.
💡 Tip: If your circumstances are simple, you could complete the forms yourself. But if you have complicated financial matters or are worried about family arguments, speaking to our solicitor can provide extra peace of mind.
FAQs
Can I apply for an LPA on behalf of someone else?
No, only the donor (the person making the LPA) can apply. They must be of sound mind when completing the application. If they lack the capacity, you may need to apply to the Court of Protection to become their deputy. This would be a separate legal process.
How long does it take to register an LPA?
It can take up to 20 weeks for the Office of the Public Guardian (OPG) to process and register an LPA. This includes a waiting period to allow time for objections. It's best to apply as early as possible to avoid delays.
Can an LPA be changed once registered?
No, once you register an LPA, it can't be amended. If you need to make changes, such as adding a new attorney or updating instructions, the LPA must be cancelled. You should then create and register a new one.
Final thoughts
Applying for an LPA makes sure that your financial and medical decisions are arranged by someone you trust. While you can complete the process yourself, we advise you to get legal advice on how to apply for lasting power of attorney. This can be particularly useful in more complicated cases. You should register an LPA early to avoid delays in case of an emergency. Get in touch for advice on applying for an LPA.
References
Lasting Power of Attorney Forms by Gov.UK
Office of the Public Guardian by Gov.UK
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.