How to Get a Lasting Power of Attorney: Step-by-Step Guide

By Andrea Godfrey, Consultant Private Client Solicitor, Setfords, Published: 3 August 2026, Last reviewed: 30 July 2026, Read time: 8 minutes

A Lasting Power of Attorney, or LPA, is a legal document that lets you choose who will make decisions on your behalf if you ever lose mental capacity. This guide walks you through every stage of the process, from choosing your attorneys to receiving your registered document.

Key takeaways

• An LPA lets you choose who makes decisions for you if you lose mental capacity, covering property and financial affairs, health and welfare, or both.
• The registration fee is £92 per LPA, or £184 for both, with reductions or exemptions available depending on your income and benefits.
• Registration currently takes around 20 weeks with the Office of the Public Guardian, so allow 22 to 24 weeks in total from instruction to a registered LPA.
• Signing must follow a strict order, and getting this wrong is one of the most common reasons applications are rejected.
• Without an LPA, your family would need to apply to the Court of Protection for a deputyship order. This is a longer, more expensive process, and a judge decides who manages your affairs.

Planning ahead is one of the most important things you can do for yourself and the people you love. A Lasting Power of Attorney, or LPA, is a legal document that lets you choose who will make decisions on your behalf if you ever lose mental capacity.

Without one, your loved ones may have no legal authority to act for you, even in an emergency. That can mean delays, distress, and significant expense at an already difficult time.

This guide walks you through every stage of the process, from choosing your attorneys to receiving your registered document.

What is a Lasting Power of Attorney?

An LPA is made under the Mental Capacity Act 2005. It allows you, the donor, to appoint trusted people, known as attorneys, to make decisions for you if you lose capacity.

There are two types in England and Wales.

Property and Financial Affairs LPA. Covers bank accounts, investments, property, and bills. It can be used while you still have capacity if you choose. For example, if you are temporarily abroad, it allows a trusted person to act for you in your absence.

Health and Welfare LPA. Covers medical treatment, care arrangements, and day-to-day welfare. It can only be used once you have lost capacity.

Most people make both. They are separate documents and each carries its own registration fee.

Key figures

£92 per LPA · 20 weeks registration · 22 to 24 weeks total

The registration fee is £92 per LPA, or £184 for both types. Registration currently takes around 20 weeks once submitted to the Office of the Public Guardian. From initial instruction to receiving your registered document, allow around 22 to 24 weeks in total.

(These are the current fees and timelines at the time of writing. Confirm current figures with your solicitor or the Office of the Public Guardian, since both can change.)

Step 1: Decide which type(s) you need

If you have property, savings, or financial commitments, a Property and Financial Affairs LPA is essential. If you have strong views about your medical treatment or future care, a Health and Welfare LPA makes those wishes legally enforceable. Making both at the same time is usually the most practical approach.

Step 2: Choose your attorneys

Your attorneys must be aged 18 or over with mental capacity. For a Property and Financial Affairs LPA, they cannot be bankrupt or subject to a debt relief order.

Choose people you trust completely. Consider appointing replacement attorneys too, in case your original attorney is unable to act.

You will also need to decide how attorneys make decisions:

• Jointly. All must agree on every decision.
• Jointly and severally. Attorneys can act together or independently.
• Jointly for some decisions, jointly and severally for others.

Step 3: Choose a certificate provider

What is a certificate provider? Someone who confirms you understand the LPA and are making it freely. They must be either someone who has known you personally for at least two years, or a professional such as a solicitor or GP. A qualifying friend can’t be a family member, an attorney, or someone who lives with you.

A qualifying friend can act at no cost. A professional may charge £50 to £150. If a solicitor is acting for you in preparing your LPA, they can generally also act as your certificate provider. This removes the need to instruct or pay for a separate person to fulfil this role.

Step 4: Complete the forms

The government’s online service at lastingpowerofattorney.service.gov.uk is the recommended route. It guides you through each section and flags errors before submission. A paper version is available but takes longer and carries greater risk of mistakes.

Step 5: Sign in the correct order

Signing must follow a strict legal order. Getting this wrong is one of the most common reasons applications are rejected.

1. The donor signs, witnessed by an independent person.
   
2. The certificate provider signs.
   
3. Each attorney and replacement attorney signs in turn, each witnessed separately.

Witnesses must be aged 18 or over. Attorneys and replacement attorneys cannot witness any signature in the document, and an attorney cannot witness another attorney’s signature. To prevent potential conflicts of interest, it is also strongly advised that an attorney’s spouse or civil partner does not act as a witness anywhere on the document.

Step 6: Register with the Office of the Public Guardian

Your LPA has no legal effect until registered with the Office of the Public Guardian (OPG). The registration fee is £92 per LPA, or £184 for both. This increased from £82 in November 2025.

Fee support is available. A 50% reduction, bringing the fee to £46 per LPA, applies if your gross annual income is below £12,000. A full exemption applies if you receive certain qualifying means-tested benefits.

Universal Credit no longer qualifies for a full exemption. Those on Universal Credit may qualify for the 50% reduction if their gross annual income is under £12,000. Apply using form LPA120 at the same time as your registration.

How long does it take?

Registration currently takes approximately 20 weeks once submitted to the OPG. Errors add further time. From initial instruction to receiving your registered LPA, allow around 22 to 24 weeks in total. Don’t wait until a health crisis to act.

Step 7: Using your LPA

Your Property and Financial Affairs LPA can be used immediately, if you have authorised this, or only once you lose capacity. Your Health and Welfare LPA can only be used once you have lost the relevant capacity. Office-certified copies are available from the OPG for £35 each, and banks will often require one.

A note on Scotland

Scotland operates a separate legal system, and the Mental Capacity Act 2005 doesn’t apply there. The equivalent documents are the Continuing Power of Attorney and the Welfare Power of Attorney. These are governed by the Adults with Incapacity (Scotland) Act 2000 and registered with the Office of the Public Guardian (Scotland). Setfords practises in England and Wales only.

What slows things down

Signing out of order: Signing must follow a strict legal order, and getting this wrong is one of the most common reasons applications are rejected.

Paper applications: A paper version is available but takes longer and carries greater risk of mistakes than the government’s online service.

What helps

Using the online service. The government’s online service guides you through each section and flags errors before submission.

Making both types together. Making both a Property and Financial Affairs LPA and a Health and Welfare LPA at the same time is usually the most practical approach.

Appointing replacement attorneys. Consider appointing replacement attorneys in case your original attorney is unable to act.

Understand your options and put the right protection in place, with no pressure to take things further. Speak to our wills and estate planning team for a confidential, no-obligation conversation.

Common mistakes

1. Signing in the wrong order. Follow the strict order: the donor signs first, then the certificate provider, then each attorney in turn, each witnessed separately.
   
2. Using an ineligible witness. Attorneys and replacement attorneys cannot witness any signature in the document, and an attorney should not witness another attorney’s signature.
   
3. Submitting a paper form with errors. The government’s online service flags errors before submission and is the recommended route.

When to speak to a solicitor

An LPA is straightforward for many people to set up alone. Professional advice is strongly recommended if any of the following apply:

• You want to appoint multiple attorneys and need help deciding how they should make decisions together.
• You have business assets to consider.
• You own property overseas.
• Your situation is otherwise complex and you want the certainty of professional advice.

FAQs

Can I make an LPA myself without a solicitor?

Yes. The government’s online service lets you do this for the £92 registration fee. Errors are common though, and a rejected application means starting again. For complex situations involving multiple attorneys, business assets, or overseas property, professional advice is strongly recommended.

How much does an LPA cost?

The registration fee is £92 per LPA, or £184 for both. Solicitor fees typically range from £300 to £600 per LPA, with some firms offering fixed-fee packages.

What happens if I don’t have an LPA and lose capacity?

Your family would need to apply to the Court of Protection for a deputyship order. This costs considerably more: a £421 application fee per type of deputy, a £100 initial assessment fee, and £320 in annual supervision fees. It also takes much longer, often four to six months, and a judge decides who manages your affairs, rather than you.

Can I change or cancel my LPA?

You can revoke an LPA while you still have mental capacity. Once registered it cannot be amended, so you would need to revoke and create a new one. Revocation must be notified to the OPG and all named attorneys. New registration fees apply if you’d like to appoint a new attorney.

This article is general information about Lasting Powers of Attorney in England and Wales and is not legal advice. The law and timescales can change, and every situation is different, so please speak to a qualified solicitor about your circumstances.