What is a Lasting Power of Attorney and why do I need one?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more trusted people — called attorneys — to make decisions on your behalf if you lose mental capacity. Without an LPA, your family cannot manage your finances or healthcare decisions; they would need to apply to the Court of Protection, which is far more expensive and time-consuming.
What are the two types of LPA in England and Wales?
There are two types. A Property and Financial Affairs LPA covers decisions about your bank accounts, property, investments, and bills — and can be used while you still have capacity if you choose. A Health and Welfare LPA covers decisions about your medical treatment, care home placement, and daily routine — but can only be used once you lack capacity.
Who can make an LPA?
You can make an LPA if you are aged 18 or over and have mental capacity at the time of signing — meaning you understand what an LPA is, what powers you are giving away, and who your attorneys are. Under the Mental Capacity Act 2005, capacity is assessed decision by decision; having a diagnosis does not automatically mean you lack capacity.
How do I create an LPA online without a solicitor?
Go to lpas.lastingpowerofattorney.service.gov.uk — the Office of the Public Guardian (OPG) online service. You can complete both LPA types online, save your progress, and generate the final document to sign and witness. The online service guides you through every section and checks for common errors before you print.
Who must witness and certify the LPA?
Each signature on the LPA must be witnessed by someone aged 18 or over who is not the donor, an attorney, or a replacement attorney. You also need a certificate provider — an independent person who confirms you understand the LPA and are not being pressured. A certificate provider must be either a professional (such as a GP or solicitor) or someone who has known you personally for at least two years.
Who can act as an attorney?
An attorney must be aged 18 or over and, for a Property and Financial Affairs LPA, must not be subject to a Debt Relief Order or declared bankrupt. You can appoint multiple attorneys and specify whether they act jointly (all must agree) or jointly and severally (each can act alone). Choosing jointly and severally gives more flexibility but requires greater trust in each attorney.
How much does it cost to register an LPA?
The registration fee is currently £82 per LPA, payable to the OPG. If you make both types, the total is £164. Fee remission (a 50% reduction) is available if you receive certain means-tested benefits, and a full exemption applies if your annual income is below £12,000. You can apply for remission on form LPA120A.
How long does LPA registration take?
Registration currently takes up to 20 weeks from the date the OPG receives your application. The OPG notifies the donor and any named people before registering, and there is a waiting period for objections. You cannot use the LPA until it has been registered, so plan well in advance — especially for Property and Financial Affairs LPAs.
What is an Enduring Power of Attorney and is it still valid?
An Enduring Power of Attorney (EPA) was replaced by LPAs in October 2007. EPAs made before that date are still legally valid and can still be registered with the OPG if the donor is losing or has lost capacity. If you have an old EPA, check whether it has been registered; if not, register it now before it is needed. New EPAs can no longer be created.
Does Scotland have a different process?
Yes. Scotland operates under the Adults with Incapacity (Scotland) Act 2000, not the Mental Capacity Act 2005. In Scotland, you create a Continuing Power of Attorney (for financial matters) or a Welfare Power of Attorney using Scottish forms, and registration is with the Office of the Public Guardian (Scotland) in Falkirk. Northern Ireland also has its own separate regime and forms.
How does uplaw.ai help with creating an LPA?
uplaw.ai walks you through the LPA process step by step — explaining each section, helping you choose the right powers and restrictions, and drafting the supporting instructions and preferences to include. Just describe your situation in plain English and uplaw.ai produces documents ready for signing and submission to the OPG.
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