This guide covers England and Wales only — Scotland and Northern Ireland have separate systems. It's written to help you understand the basics and decide whether to act; it isn't legal advice, and if your situation is complex, a solicitor is worth the cost.
In this guide
What an LPA actually is
A Lasting Power of Attorney is a legal document that lets you appoint someone you trust — your "attorney" — to make decisions on your behalf if you're ever unable to make them yourself. That might be due to an accident, a stroke, dementia, or any situation where you temporarily or permanently lose "mental capacity" — the ability to understand, weigh up, and communicate a decision.
It only applies in England and Wales. It's governed by the Mental Capacity Act 2005, and it has to be registered with the Office of the Public Guardian (OPG) before it can actually be used — an unregistered LPA has no legal effect.
The two types of LPA
Most people who set one up end up making both, because they cover genuinely different things.
Decisions about you, personally
Covers daily routine, medical treatment, where you live, and care decisions.
- Can only be used once you've lost mental capacity — not before
- Can include authority over life-sustaining treatment, if you choose to grant it
- Covers decisions like moving into a care home
Decisions about money and property
Covers bank accounts, bills, property, investments, and dealing with HMRC.
- Can be used as soon as it's registered, with your permission — even while you still have full capacity
- Useful if you simply want help managing things, not just in an emergency
- Covers selling property and managing pensions and benefits
Do you actually need one?
The honest answer: probably, eventually, and earlier than you think. A few common situations where it matters more than people expect:
- You're helping an ageing parent. If they're ever diagnosed with dementia or lose capacity suddenly, you have no automatic legal right to manage their bank account or speak to their care team — even as their child.
- You have significant assets in just one partner's name. Without an LPA, your partner can't access or manage those if you lose capacity, even if you're married.
- You're self-employed or run a business. Decisions about the business can grind to a halt without someone legally able to act.
- You're simply over 18. Accidents and sudden illness aren't limited to older people. An LPA isn't an "elderly person" document — it's a "what if" document.
The condition for setting one up is that you have mental capacity at the time you make it. That's the part people miss: you can't set up an LPA for someone after they've already lost capacity. By then, the only route left is a Court of Protection deputyship — slower, more expensive, and more restrictive (more on that below).
What it costs
As of late 2025, the Office of the Public Guardian charges £92 to register each LPA. Most people need both types, so the typical total is £184 per person, or £368 for a couple making both LPAs each. Fee reductions and exemptions are available for people on a low income or certain means-tested benefits.
| Route | Typical cost (both LPAs) | Notes |
|---|---|---|
| DIY via GOV.UK | £184 | Free to complete, you pay only the OPG registration fee |
| Will-writer / estate planner | £300 – £1,000+ | Fixed-fee packages, includes OPG fee |
| Solicitor | £600 – £1,200+ | Best for complex family or business situations |
Fees change — the OPG fee was last revised in November 2025. Always confirm the current amount on GOV.UK before applying.
How to set one up
- Choose your attorney — someone you trust completely. You can appoint more than one, and a replacement attorney in case your first choice can't act later.
- Decide which type (or both) you need — Health & Welfare, Property & Financial Affairs, or both.
- Complete the forms — the GOV.UK online service is free and walks you through each section. Paper forms are also accepted but take roughly the same time to process.
- Get it signed correctly — you, your attorney(s), a witness, and a "certificate provider" (someone confirming you understand what you're signing) all need to sign in a specific order. This is where most rejected applications go wrong.
- Register with the OPG — pay the registration fee and submit. Processing typically takes 8–10 weeks once a correctly completed form arrives, though the OPG's official standard is up to 20 weeks.
- Store the registered LPA safely — and make sure your attorney has certified copies, since banks and care providers will ask for them.
What happens if you don't have one
If you lose mental capacity without an LPA in place, your family can't simply step in. They have to apply to the Court of Protection for a deputyship — a court-appointed equivalent that's slower, far more expensive, and more restrictive on an ongoing basis.
The real-world cost difference is significant. An LPA costs roughly £184–£368 once. A deputyship typically costs over £2,000 in the first year alone, including the application fee, an assessment fee, a security bond, and solicitor costs — plus several hundred pounds a year in ongoing supervision fees after that. It also takes several months to obtain, during which decisions about care, bills, and property can be stuck in limbo.
The lesson solicitors repeat most often isn't subtle: do it while you don't need it yet. An LPA made in good health, with no rush and no pressure, is straightforward. One attempted after a diagnosis or a crisis often isn't possible at all.
Where to keep it once it's done: A registered LPA is only useful if your attorney can actually find it — and find your other documents alongside it, so they have the full picture of accounts and providers to manage. See our guide on the full household document checklist.
Keep your LPA alongside everything else
Store the registered document, your attorney's details, and the rest of your household admin in one place your family can actually find — and search our directory of solicitors if you'd rather have a professional handle the setup.
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