Lasting Power of Attorney · England and Wales

Lasting Power of Attorney, Prepared Correctly and Solicitor-Checked

A lasting power of attorney lets someone you trust make decisions for you if you cannot make them yourself. This covers England and Wales. We help you prepare your LPA correctly, with a solicitor checking it before you send it for registration. Registration itself is done through the Office of the Public Guardian, and currently costs £92 per LPA.

Talk to us about your LPA

or call 0121 285 3282

In short: in England and Wales, a lasting power of attorney (LPA) gives someone the legal power to act for you if you lose capacity. There are two types, health and welfare, and property and financial affairs. We help you prepare and check yours correctly. Registration with the Office of the Public Guardian is a separate legal step and currently costs £92 per document.

The basics

What is a lasting power of attorney?

A lasting power of attorney (LPA) lets you appoint someone, called an attorney, to make decisions for you if you lose mental capacity. It only takes effect once registered.

LPAs replaced the older enduring power of attorney (EPA) on 1 October 2007. If you or a family member made an EPA before that date, it remains valid and does not need replacing with an LPA. It can only cover property and financial decisions, though, not health and welfare.

The person granting the power is called the donor. The person or people they choose are called attorneys. An LPA is different from a will, which only takes effect after death and leads to probate. An LPA covers decisions made while you are alive but unable to make them yourself, such as after a stroke, an accident, or as dementia progresses.

The two types

What are the two types of LPA?

There are two types of lasting power of attorney: health and welfare, and property and financial affairs, and most people are advised to set up both. They cover different decisions.

The two types of lasting power of attorney in England and Wales There are two types of LPA and most people are advised to set up both. A health and welfare LPA covers your care, daily routine and medical treatment, and can only be used once you have lost mental capacity. A property and financial affairs LPA covers your bank accounts, bills, property and investments, and can be used with your permission even while you still have capacity. Each is registered with the Office of the Public Guardian for ninety-two pounds, so one hundred and eighty-four pounds for both. The two types of lasting power of attorney England and Wales. Most people are advised to set up both, they cover different decisions. Health & welfare WHAT IT COVERS Your care and where you live Your daily routine Medical treatment WHEN IT CAN BE USED Only once you have lost the capacity to make the decision yourself. Property & financial affairs WHAT IT COVERS Bank accounts and bills Property Investments WHEN IT CAN BE USED With your permission even while you still have capacity, which many people find useful. REGISTRATION Each type is a separate legal step, registered with the Office of the Public Guardian. £92 per document so £184 to register both
  • Health and welfare LPA: covers decisions about your medical care, daily routine, and where you live. It only takes effect if you lose mental capacity, and you can give your attorney power over life-sustaining treatment decisions if you choose to.
  • Property and financial affairs LPA: covers decisions about your bank accounts, bills, property, and investments. Unlike the health and welfare LPA, it can be used with your permission even while you still have capacity, which many people find useful.

Many people set up an LPA alongside other estate planning, such as a trust to protect assets for the future.

Cost

How much does a lasting power of attorney cost?

Registering an LPA with the Office of the Public Guardian currently costs £92 per document, so £184 if you register both types. Our preparation and solicitor-check service is £345 per LPA including VAT, on top of that registration fee. A reduction or exemption on the registration fee may apply depending on your income or benefits.

If you earn under £12,000 a year you can apply for a 50% reduction, and if you receive certain means-tested benefits you may be exempt from the fee entirely. These figures are set by the Office of the Public Guardian and can change, so check the current fee on gov.uk before you apply. If your form is rejected for certain errors, the Office of the Public Guardian may let you correct it and reapply within 3 months for a reduced fee of £46. That is still money and weeks lost on a mistake that could have been caught before you sent it. Beyond the registration fee, using a solicitor-checked preparation service like ours helps you avoid the common errors that cause the Office of the Public Guardian to reject an application and ask you to start again.

How it works

How do you set up a lasting power of attorney?

You complete the forms, name your attorneys, get it certified, then register it with the Office of the Public Guardian before you can use it. We help you get it right first time.

How to set up a lasting power of attorney Three steps. First, prepare your LPA: decide which type or types you need, choose your attorneys, and complete the forms. Second, a qualified solicitor checks it before you sign, catching the errors that cause rejection. Third, sign it, a certificate provider confirms you understand it, and it is registered with the Office of the Public Guardian. An LPA can only be used once registered. Registration costs ninety-two pounds per document. How to set up a lasting power of attorney Three steps. It can only be used once registered. 1 Prepare your LPA Decide which type or types you need, choose your attorneys, and complete the forms with our guidance. 2 A solicitor checks it A qualified solicitor reviews your LPA before you sign, checking for the errors that cause rejection at registration. 3 Sign, certify and register A certificate provider confirms you understand the LPA, then it is sent to the Office of the Public Guardian for registration. REGISTRATION FEE £92 per document A 50% reduction applies under £12,000 income. Some benefits mean no fee.
1

Prepare your LPA. Decide which type or types you need, choose your attorneys, and complete the forms with our guidance.

2

We have a solicitor check it. A qualified solicitor reviews your LPA before you sign, checking for the errors that cause rejection at registration.

3

Sign, get it certified, and register it. A certificate provider confirms you understand the LPA, then you or we help you send it to the Office of the Public Guardian for registration.

Talk to us about your LPA

Do you need a solicitor?

Do you need a solicitor for a lasting power of attorney?

No, you can prepare an LPA yourself, but a solicitor check catches the mistakes that commonly lead to your application being rejected. The Office of the Public Guardian rejects a significant number of applications each year over form errors, often around how attorneys are named or how the certificate provider section is completed.

A solicitor-checked LPA costs less than a full solicitor appointment but gives you the same reassurance that the paperwork is right before you pay the registration fee and wait for it to be processed. For a straightforward LPA naming a spouse or adult child as attorney, this is usually all you need. For more complex family situations, disputes between potential attorneys, or significant assets, a full solicitor appointment is worth the extra cost.

Common questions

Frequently asked questions

Do I need a solicitor for a lasting power of attorney?

No, you do not legally need a solicitor to make an LPA, and you can complete the forms yourself or use the government’s own service. A solicitor check adds reassurance by catching the errors that commonly cause the Office of the Public Guardian to reject an application.

How do I access my LPA online?

Once registered, you can view your lasting power of attorney online through the government’s official use a lasting power of attorney service, using the reference number from your registration confirmation letter. Attorneys can also be given online access by the donor at any time.

How much does it cost for a power of attorney online?

Registering an LPA costs £92 per document through the Office of the Public Guardian, whichever way you apply. A reduction or exemption may apply if you have a low income or receive certain benefits. Our preparation and solicitor-check service is £345 per LPA including VAT, separate from that registration fee.

What is the difference between the two types of LPA?

A health and welfare LPA covers decisions about your care, daily routine and medical treatment, and only applies once you lose capacity. A property and financial affairs LPA covers money and property, and can be used with your permission even before you lose capacity.

How long does it take to register an LPA?

Registration timescales are set and published by the Office of the Public Guardian and can vary, so check gov.uk for the current processing time before you apply. Because of this wait, it is worth setting up an LPA well before you think you will need it.

Can I set up an LPA at the same time as my will?

Yes, and many people do, since both plan for the future in different ways. A will covers what happens after death, while an LPA covers decisions while you are alive but unable to make them. Making your will online alongside your LPA is a sensible way to get both sorted.

Verdict

Verdict on setting up a lasting power of attorney

An LPA is worth setting up well before you think you need one, since it can only be made while you have mental capacity, and registration takes time. For most people, preparing your own LPA with a solicitor check is enough to avoid the errors that cause rejection, at a fraction of a full solicitor’s fee. For complex family situations or significant assets, a full solicitor appointment is worth it. Either way, registration itself goes through the Office of the Public Guardian, currently £92 per document.

Talk to us about your LPA

or call 0121 285 3282.