How long does it take to register an LPA?

Registration with the Office of the Public Guardian currently takes around 16–20 weeks from submission. The LPA cannot be used until it has been registered, so set one up well before it might be needed.

What is the difference between an LPA and an Enduring Power of Attorney?

Enduring Powers of Attorney (EPAs) were the previous system and were replaced by LPAs on 1 October 2007. EPAs only cover property and financial decisions, not health and welfare. Existing EPAs are still valid, but no new ones can be created — set up an LPA instead.

Can the person who made the LPA still make their own decisions?

Yes. As long as the person (the donor) has mental capacity, they continue to make their own decisions. The attorney only steps in when the donor cannot make a specific decision themselves — and even then, must always act in the donor's best interests.

What if someone has already lost mental capacity — is it too late for an LPA?

Yes. An LPA can only be created by someone who currently has mental capacity to understand what they're signing. If capacity has already been lost, the family must instead apply to the Court of Protection for a deputyship order — a slower, more expensive process.

Can an attorney make decisions the person wouldn't have wanted?

No. Attorneys are legally required to act in the donor's best interests and to follow any preferences or instructions written into the LPA. Attorneys who fail to do so can be removed and prosecuted. The Office of the Public Guardian investigates concerns.

Lasting Power of Attorney for care — how to set one up

Last reviewed: 1 March 2025·Reviewed by: TODO: solicitor name, SRA-regulated, Solicitors for the Elderly

A Lasting Power of Attorney (LPA) is a legal document that lets a trusted person — called an attorney — make decisions on behalf of someone who can no longer make them for themselves. There are two types: one for health and care decisions, one for property and finances. Setting one up early is one of the most important things a family can do.

What is a Lasting Power of Attorney?

An LPA is a legal document, governed by the Mental Capacity Act 2005, that allows one person (the donor) to give another person (the attorney) the legal authority to make specific decisions on their behalf. It only takes effect once registered with the Office of the Public Guardian (OPG), and — for the health and welfare type — only when the donor has lost the capacity to make a particular decision themselves.

The two types of LPA — health & welfare vs property & financial affairs

Health and welfare LPA covers decisions about medical treatment, day-to-day care, where the donor lives, and life-sustaining treatment. It can only be used once the donor has lost capacity to make the specific decision in question.

Property and financial affairs LPA covers paying bills, managing bank accounts, collecting benefits, and selling property. With the donor's consent, it can be used as soon as it is registered — even before any loss of capacity.

Most families set up both types at the same time. They are separate documents and require separate registrations.

Why you should set up an LPA before it's too late

An LPA can only be created by someone with mental capacity. If a relative is diagnosed with dementia or another progressive condition, set up an LPA immediately — not in six months' time. Once capacity is lost, the option is gone.

Without an LPA, family members can be locked out of bank accounts, prevented from making care decisions, and forced into a long Court of Protection process.

How to set up an LPA in the UK — step by step

Choose your attorneys carefully — usually family members or trusted friends.
Decide whether attorneys must act jointly, jointly and severally, or jointly for some decisions.
Complete the LP1H (health & welfare) and / or LP1F (property & finance) forms at gov.uk.
Have a "certificate provider" sign — confirming the donor understands what they're signing.
Send the forms and the registration fee (£82 per LPA at time of writing) to the OPG.
Wait approximately 16–20 weeks for registration.

How much does an LPA cost?

The OPG registration fee is £82 per LPA as of 2025 (a fee remission scheme is available for low-income applicants). If you use a solicitor, expect to pay an additional £200–£500 per LPA, often offered as a fixed-fee package for both types.

What happens if there is no LPA in place?

If a relative loses capacity without an LPA, family members must apply to the Court of Protection for a deputyship order. This typically takes 6–12 months, costs £400+ in court fees, and incurs an annual supervision fee thereafter. Deputies are also far more restricted in what they can do without additional court approval.

Can an LPA be challenged or revoked?

Yes. An LPA can be revoked by the donor at any time while they retain capacity. If an attorney is acting against the donor's best interests, anyone can raise concerns with the OPG, which has the power to investigate and remove attorneys.

Frequently asked questions about LPA

Yes — the Office of the Public Guardian provides free online forms at gov.uk and the process is designed to be accessible. However, in any complex situation — disputes, blended families, significant assets, or doubts about capacity — a specialist solicitor is well worth the cost.