LPA glossary
Every term you will come across while setting up a lasting power of attorney, explained in plain English.
In short
Setting up an LPA brings a handful of official words: donor, attorney, certificate provider, LP1F, LP1H and OPG among them. Each one is simple once explained. This glossary defines the terms you will meet, so nothing on the forms is a mystery.
- Lasting power of attorney (LPA)
- A legal document that lets you appoint people you trust to make decisions on your behalf if you lose the mental capacity to make them yourself. It must be registered with the Office of the Public Guardian before it can be used.
- Donor
- The person who makes the LPA and is giving others the authority to act for them. You are the donor of your own LPA.
- Attorney
- A person appointed in an LPA to make decisions for the donor. An attorney does not need to be a lawyer; it is usually a trusted family member or friend.
- Replacement attorney
- A person named to step in if an original attorney can no longer act, for example through death or loss of capacity.
- Certificate provider
- An independent person who confirms the donor understands the LPA and is making it freely, without pressure. They sign the LPA to certify this.
- Property and financial affairs LPA (LP1F)
- The LPA that covers money and property: operating bank accounts, paying bills, collecting pensions, managing investments and dealing with property.
- Health and welfare LPA (LP1H)
- The LPA that covers personal decisions: daily care, medical treatment, where the donor lives and, if the donor chooses, life-sustaining treatment.
- Office of the Public Guardian (OPG)
- The government body that registers LPAs in England and Wales and supervises attorneys and deputies. An LPA has no legal effect until the OPG registers it.
- Mental capacity
- The ability to understand a decision, retain the information, weigh it up and communicate a choice. You must have capacity to make an LPA; it is assessed in relation to the specific decision.
- Jointly
- A way attorneys can be appointed so they must make all decisions together, unanimously. If one cannot act, it can stop the others acting unless replacements are named.
- Jointly and severally
- A way attorneys can be appointed so they can act together or independently. This is the most flexible and commonly chosen option.
- Preferences and instructions
- Optional wishes (preferences) and binding requirements (instructions) a donor can add to an LPA. Invalid instructions are a common reason LPAs are rejected.
- People to be told (notify)
- People the donor can choose to be notified when the LPA is sent to be registered, giving them a chance to raise concerns.
- Registration
- The process of submitting a signed LPA to the OPG to make it legally usable. It currently takes 8 to 10 weeks if there are no errors.
- Deputy
- A person appointed by the Court of Protection to make decisions for someone who has already lost capacity and has no LPA. Becoming a deputy is slower and more costly than making an LPA.
- Court of Protection
- The court that makes decisions and appoints deputies for people who lack the capacity to make decisions themselves. It is the fallback when no LPA exists.
- Fee remission
- A reduction in the OPG registration fee for people on a low income or certain benefits: half the fee if gross annual income is under £12,000, or none if receiving qualifying means-tested benefits.
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.
Ready when you are
Now you know the words
Setting up an LPA is simpler than the jargon suggests. We prepare and check it; you just sign.