Making and registering a lasting power of attorney

A lasting power of attorney (LPA) is a legal document that gives someone you trust the authority to make decisions on your behalf if you lose the mental capacity to make them yourself, or if you no longer want to make them¹. In England and Wales it is the most common form of power of attorney, and it is the arrangement most families turn to when planning ahead for illness, an accident, or conditions such as dementia². The person making the LPA is called the donor, and the person given the authority is called the attorney³.

An LPA is not something an attorney can act on the moment it is signed. It must be registered with the Office of the Public Guardian (OPG) before it can be used, and registration costs £92 per LPA for applications received from 17 November 2025⁴. Registration is not instant: guidance ranges from around 8 to 10 weeks for a straightforward application to up to 20 weeks in some cases⁵. The crucial rule is that an LPA must be made while the donor still has mental capacity, so it is something to arrange before it is needed, not after⁶.

What a lasting power of attorney lets someone do

An LPA is a way of planning for a future in which you cannot, or do not want to, manage things yourself. The attorney's authority can cover your financial affairs, your health, or your care, depending on which type you make⁸. A registered LPA gives the attorney access to your accounts whether or not you have mental capacity, which is what makes it "lasting" and distinguishes it from shorter-term arrangements⁹.

The donor does not hand over control the moment the LPA is made. While you still have mental capacity, you can continue to manage your own affairs, and you can change or cancel the power of attorney at any time⁶. Barclays puts the same point plainly: once the LPA is registered, you remain in full control of your money until you are no longer able, and the document can be used even if you lose mental capacity¹⁰. An LPA does not expire on its own; it stays in place until you die or revoke it¹¹.

This is why timing matters. An LPA can only be made by someone who still has the mental capacity to make their own decisions⁷. If capacity is already lost and no LPA exists, the family usually has to apply to the Court of Protection for a deputyship order instead, which is slower, more expensive and more restrictive. The comparison page on lasting power of attorney or deputyship explains that route. For shorter-term needs, an ordinary power of attorney covers a limited period and becomes invalid once capacity is lost, which is a different tool for different circumstances¹².

Property and financial affairs, or health and welfare

There are two types of LPA in England and Wales: one for financial decisions and one for health and care decisions¹³. Many people make both, and each is a separate document with its own registration fee.

A property and financial affairs LPA is the one that matters for money. It lets the attorney do things like manage bank accounts, pay bills, and collect a State Pension on the donor's behalf⁷. It can be written so the attorney can act while the donor still has capacity, with the donor's permission, or so it only comes into force if capacity is lost¹⁴. A health and welfare LPA, by contrast, only ever operates when the donor cannot make the relevant decision themselves¹⁵.

Because the two types are separate documents, a family that wants both financial and care coverage needs two LPAs. At £92 each, that is £184 in total for the pair¹¹. Some people decide only the financial one is needed; others make both so that one set of trusted people can speak for them on every front. The choice depends on the donor's circumstances, and nothing forces the same attorneys to be named on both.

Who can make an LPA and who can be an attorney

To make an LPA you must be over 18 and able to make your own decisions, which the law calls having mental capacity⁷. The same age threshold applies to attorneys: they must be 18 or over, and they cannot be bankrupt³. An attorney can be anyone with mental capacity who is aged 18 or over, which in practice means a partner, adult child, other relative or trusted friend¹³.

The donor chooses who to appoint, and the choice is worth taking seriously because the powers are wide. A property and financial affairs attorney can deal with everything from everyday spending to selling a home. The donor can also appoint as many attorneys as they like, and can name replacement attorneys who step in if an original attorney can no longer act⁷.

A few practical points shape the choice:

• The attorney must be someone willing to take on the role, since it can involve years of record keeping and dealing with banks.
• An attorney who does not already bank with the firm will usually need to provide identification when registering the LPA with that bank¹⁶.
• A sole attorney who dies, loses capacity or becomes bankrupt can leave the LPA unusable unless replacements were named¹⁷.

If the donor loses capacity after signing but before registration, the attorney can still register the LPA on their behalf, provided it was signed while the donor had capacity¹⁸. But nobody can make a new LPA for someone who has already lost capacity, which is the single most common reason families end up in the Court of Protection instead.

Choosing attorneys: jointly, jointly and severally, and replacements

When more than one attorney is appointed, the LPA must say how they act: jointly, meaning every decision must be made together, or jointly and severally, meaning any one of them can act alone or with the others¹⁹. It is also possible to mix the two, with some decisions made jointly and others jointly and severally⁷.

The difference matters in daily life. Jointly and severally is the more flexible arrangement: one attorney can sign a cheque or make a payment while another is abroad or ill²⁰. Acting jointly is the more controlled arrangement: no attorney can do anything alone, which some donors prefer as a safeguard, but it means everything stops if one attorney becomes unavailable¹⁹. The LPA form itself states which arrangement applies, and banks will follow what it says¹⁹.

Replacements are the insurance policy. Naming a replacement attorney means the LPA continues if an original attorney dies, loses capacity, or steps down. Without replacements, the consequences can be severe: if a sole attorney dies and no replacement exists, the LPA comes to an end entirely, and a brand new one must be made if the donor still has capacity¹⁷. With multiple attorneys acting jointly and severally, the surviving attorneys can usually continue¹⁷.

How to make an LPA: forms, signing and the certificate provider

The forms come from the Office of the Public Guardian. You can download them, fill them in online through the government's service, or order an information pack by calling the OPG on 0300 456 0300⁷. The completed LPA must be signed by the donor, by each attorney, and by a certificate provider¹⁸.

The certificate provider is the safeguard built into the process. This is someone independent, such as a GP or another professional, who signs the form to confirm that the donor understands what they are doing, has mental capacity, and has not been put under any pressure to sign²¹. The certificate provider cannot be one of the attorneys, and their role is to stand between a vulnerable person and anyone who might benefit from controlling their affairs.

The finished document is substantial: a property and financial affairs LPA is a document at least 11 pages long, carrying an OPG stamp once registered²². Because of that length and the cost of replacing it, donors are usually advised to keep the original somewhere safe and have certified copies made for everyday use. A copy counts with banks only if the OPG has stamped every page, or if every page has been signed by the donor, a solicitor or a notary to confirm it is a true copy²³.

A solicitor is not required. Many people complete the forms themselves, and the online service guides you through each section. Legal help tends to be worth considering where the donor's affairs are complicated, where there is family conflict, or where the choice of attorneys is likely to be contested. The fee to register is the same either way.

Registering with the Office of the Public Guardian: fees from £92

An LPA must be registered with the Office of the Public Guardian before it can be used²⁴. Either the donor or the attorney can apply to register it³. The fee is £92 per LPA for applications received by the OPG from 17 November 2025⁴, so a donor making both a financial LPA and a health and welfare LPA pays £184 in total¹¹.

The fee is not fixed for everyone. Reductions and exemptions depend on the donor's income and benefits:

The OPG only accepts forms by post, so the application needs to be posted in good time⁴. If an application is rejected because of errors, the donor has three months to apply again and pay the £46 repeat fee rather than the full amount⁴. It is worth checking the forms carefully before sending them, since mistakes are the main cause of delay.

Registration takes up to 20 weeks, and nothing can be done until it is finished

The LPA cannot be used while registration is in progress¹⁸. How long registration takes depends on which figure you look at, and the honest answer is a range. In England and Wales it currently takes around 8 to 10 weeks to process and register an LPA application, including a statutory 4-week waiting period, provided there are no errors²⁵. Other guidance says registration can take up to 20 weeks⁵, and some banks simply warn that registration can take weeks or months²⁶.

The 4-week waiting period is built into the process: it exists so that anyone with concerns about the LPA has time to object before it is registered²⁵. Beyond that, the timescale depends on how busy the OPG is and whether the application is correct. An error in the forms sends the application back and restarts much of the process, which is why the difference between the 8 to 10 week figure and the 20 week figure is often just a mistake on a form²⁵.

The practical implication is simple: do not leave making an LPA until it is urgent. Since the document cannot be used until registration is complete¹⁸, a donor who needs an attorney's help next month needed to start the process several months ago. Families handling a dementia diagnosis are regularly advised to start the paperwork as early as possible, while the donor can still make their own decisions²⁷.

Using a registered LPA with banks and other organisations

Once registered, the LPA becomes legally recognised and the attorney can start showing it to banks, building societies, pension providers and other organisations²⁸. Each organisation will want to see the authority before it lets the attorney act, and each has its own registration process. The dedicated guide to registering a power of attorney with a bank walks through that step.

What a bank accepts varies. The filled-in and signed LPA form registered with the OPG is the core document, along with proof of the attorney's and the donor's names and addresses if the bank does not already hold them²³. For LPAs registered on or after 1 January 2016 in England and Wales, there is an electronic alternative: the donor or attorney can generate an access code on the government website and share it with organisations instead of sending the paper document¹⁹. Each unique code lasts 30 days⁵. Barclays, for example, may be able to accept an access code instead of the full document for new LPAs made through the OPG's online service¹⁰. For LPAs registered between 1 January 2016 and 16 July 2020, a new or replacement activation key can be requested online to generate an access code¹⁶.

Not every firm accepts codes for every situation, so it is worth asking before posting anything. Where a paper document is needed, the bank will want the original or a properly certified copy: one stamped by the OPG on every page, or signed on every page by the donor, a solicitor or a notary²³. The page on certified copies explains who can certify a document.

One caution from consumer research is worth repeating: opening a joint bank account with someone for whom you also hold power of attorney is generally not recommended, because it mixes the donor's money with the attorney's and can affect both parties' finances²⁹. An LPA achieves the same access without that entanglement. When the donor dies, LPA powers end and the personal representative or executor takes control, so a joint account is not a way around that either²⁹.

Protection: where to go if you are worried about an attorney

The system has safeguards, and knowing where to take concerns is part of understanding the arrangement. The Office of the Public Guardian has a responsibility to investigate allegations of mistreatment or fraud, and can report concerns to the police or social services where necessary⁷. It has a support line that anyone can contact with concerns about an attorney, with details on gov.uk under reporting a concern about an attorney or deputy¹⁰.

Attorneys do not operate in complete secrecy. The relevant authorities can request information about how an attorney uses the power of attorney, check their decisions, arrange a visit, or contact people who know the donor¹⁹. Attorneys are expected to keep records of the decisions they make and the money they spend, and an attorney who cannot account for the donor's money is exposed to exactly this kind of scrutiny.

For disputes with financial firms rather than with the attorney, the Financial Ombudsman Service can consider complaints brought by attorneys, and it confirms that a power of attorney is no longer valid once the donor has passed away⁶. If a complaint to a bank about how it has handled an LPA stalls, the page on free consumer advice lists the routes available.

Changing or cancelling an LPA

A donor with mental capacity can change or end an LPA at any time¹⁴. Cancellation is done by making a written statement called a deed of revocation and sending it to the Office of the Public Guardian together with the original LPA²⁰. The OPG should also be told if an attorney dies or steps down, since the document's status depends on who is left to act¹⁷.

An LPA can end in several ways, and it is worth knowing them all:

• The donor cancels it by deed of revocation while they have capacity²⁰
• The donor dies, and the LPA ends automatically³⁰
• A sole attorney dies, loses capacity, becomes bankrupt, or steps down, with no replacement named¹⁷
• An attorney divorces the donor or ends their civil partnership with them¹⁷
• The Court of Protection cancels the LPA¹⁷

The position with old enduring powers of attorney is different. EPAs were replaced by the property and financial affairs LPA in October 2007, and no new EPA can be made³¹. But an existing EPA signed and witnessed before October 2007 can either continue to be used or be cancelled and replaced with an LPA⁹. An EPA cannot be changed; the official guidance is to cancel it and set up an LPA instead⁹. A registered EPA can only be cancelled by applying to the Court of Protection⁹. The guide to enduring powers of attorney covers that older document in full.

Scotland and Northern Ireland use different powers of attorney

Everything on this page so far applies to England and Wales. England and Wales, Scotland and Northern Ireland all have different legal systems for power of attorney, so the document, the terminology and the fees change at the border²⁷.

In Scotland the financial equivalent of an LPA is called a continuing power of attorney³², and there are three types of power of attorney in total². Powers of attorney executed in Scotland before 2 April 2001 did not need registration and continue even if capacity is lost, unless the document says otherwise⁵. In Northern Ireland the equivalent document is an enduring power of attorney, which covers property and financial affairs only⁴. It must be set up while the donor has capacity, and the attorney must register it with the Office of Care and Protection once the donor lacks capacity³³. Northern Ireland also has a general power of attorney for use while capacity remains¹⁵.

The fee differences are striking: registering the equivalent document costs £92 in England and Wales, £99 in Scotland and £189 in Northern Ireland². The separate pages on powers of attorney in Scotland and power of attorney in Northern Ireland cover those systems in detail.

Free help

Making an LPA does not have to involve paying anyone. The forms, the information pack and the online service all come from the Office of the Public Guardian, and its support line can be contacted by anyone with questions or concerns about an attorney¹⁰. People who were charged more than the correct fee in past years may also be owed a refund through the LPA refund scheme, which can be claimed online or via a refunds helpline on 0300 456 0300³⁴.

For wider legal questions, Civil Legal Advice may provide ongoing help if your income is low³⁵. Charities including Age UK publish free guidance on powers of attorney and on what to do when someone dies, including how an attorney should close off their role³⁰. Where money problems are the underlying worry, the debt section explains the free advice options, and the page on complaining on behalf of a relative covers acting for someone else.