Your questions, answered
The things people most want to know about lasting powers of attorney, in plain English.
In short
A lasting power of attorney lets you appoint people you trust to make decisions for you if you lose capacity. There are two types, for finances and for health and welfare. You do not need a solicitor, and the Office of the Public Guardian charges £92 to register each one. Below are the questions we hear most often.
Frequently asked questions
What is a lasting power of attorney?
A lasting power of attorney (LPA) is a legal document that lets you appoint people you trust, your attorneys, to make decisions on your behalf if you lose the mental capacity to make them yourself. It only has legal effect once registered with the Office of the Public Guardian.
What are the two types of LPA?
There are two: a property and financial affairs LPA (form LP1F), which covers money, bills and property; and a health and welfare LPA (form LP1H), which covers care, medical treatment and where you live. Most people set up both.
Do I need a solicitor to make an LPA?
No. There is no legal requirement to use a solicitor. You can make an LPA yourself, and a service like LPASafe prepares and checks the official forms for you at a fraction of a solicitor's cost.
How much does an LPA cost?
LPASafe prepares and checks an LPA from £39 (Self-Guided) or £89 (Done-For-You), with both LPAs from £149. On top of that, the Office of the Public Guardian charges £92 to register each LPA, so £184 for both. We always show that fee separately.
Is there any help with the registration fee?
Yes. If your gross annual income is under £12,000 you can apply to pay half the fee, and if you receive certain means-tested benefits you may pay nothing. This is a reduction the OPG offers, and we can point you to how to claim it.
How long does an LPA take to register?
Once signed and sent to the OPG, registration currently takes 8 to 10 weeks if there are no mistakes. A single error can add months, which is why a careful check before signing matters so much.
When can an LPA be used?
A health and welfare LPA can only be used once you have lost capacity. A property and financial affairs LPA can be used as soon as it is registered if you give permission, or you can restrict it to start only if you lose capacity.
Can I still make an LPA if I have been diagnosed with dementia?
Yes, as long as you still have the mental capacity to understand and make the decision. A diagnosis does not automatically remove capacity. Because capacity can change, it is best to act promptly.
What happens if I lose capacity without an LPA?
No one automatically has the right to manage your affairs, not even a spouse. Your family would have to apply to the Court of Protection to become a deputy, which is slower, more expensive and more intrusive than an LPA.
Does LPASafe give legal advice?
No. We are not a law firm and do not give legal advice. We prepare the official LPA forms from your answers and check them against the OPG's rejection criteria. For advice on your individual circumstances, consult a solicitor.
Can I cancel or change my LPA later?
Yes. While you have capacity you can change your attorneys or revoke the LPA entirely. Some changes mean making a new LPA, which we can help with.
LPASafe covers England and Wales only. Scotland and Northern Ireland use different systems. We are not a law firm and do not give legal advice. The LP1F and LP1H forms are available free on gov.uk.
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