What does a property and financial affairs LPA cover?
A property and financial affairs Lasting Power of Attorney authorises your chosen attorney to manage your bank and building society accounts, investments and savings, property (including buying, selling, and renting), bills and everyday expenditure, and benefit and pension payments. Under the Mental Capacity Act 2005 it can be used while you still have capacity (if you choose) or only when you lose it.
How does a property and financial affairs LPA differ from a health and welfare LPA?
A health and welfare LPA covers decisions about medical treatment, care arrangements, where you live, and your daily routine. It can only be used when you lack capacity to make those decisions yourself. A property and financial affairs LPA deals exclusively with money and assets and can, if you choose, be used while you still have capacity — for example if you are abroad or physically unable to get to the bank.
Who can be an attorney under a property and financial affairs LPA?
An attorney must be at least 18 years old and have mental capacity when appointed. For a property and financial affairs LPA, an attorney must not be subject to a debt relief order or be bankrupt — a bankrupt attorney is automatically disqualified from acting under a financial LPA. You can appoint one attorney or multiple attorneys acting jointly, jointly and severally, or a combination.
Who can be a certificate provider and what do they confirm?
A certificate provider signs the LPA to confirm that you understand what you are signing and are not being pressured. They must either have known you personally for at least two years (a friend, colleague, or neighbour) or be a professional with relevant skills such as a GP, solicitor, or social worker. Family members, attorneys named in the LPA, or anyone who stands to benefit cannot act as certificate provider.
How do I use the OPG online tool to create an LPA?
Go to lastingpowerofattorney.service.gov.uk and create a free account. The tool guides you through naming your attorneys, setting any restrictions or preferences, choosing your certificate provider, and adding up to five people to notify. You can save and return at any time. Once the document is generated you must print it, sign it in the correct order (donor, certificate provider, attorneys), and post it to the OPG for registration with the fee.
What is the registration fee and is there a reduction for low incomes?
The current registration fee is £82 per LPA. If you apply for both a property and financial affairs LPA and a health and welfare LPA, you pay £82 for each. If your gross annual income is below £12,000 you may apply for a 50% remission, reducing the fee to £41. If you receive certain means-tested benefits you may qualify for a full exemption. Apply using the OPG's fee remission form sent with your LPA.
How long does registration take and when should I act?
The OPG states a target of 20 weeks to register an LPA from the date of receipt. You cannot use the LPA until it is registered. If you lose mental capacity before the LPA is registered — and before it is even created — it is too late: you must have capacity at the time you make and sign the document. Acting early, while you are well, is strongly recommended.
What can an attorney do — and not do — under a property and financial affairs LPA?
An attorney can manage bank accounts, pay bills, collect pension and benefit payments, buy and sell property, and make investment decisions within any restrictions you set. An attorney cannot make a will on your behalf, make gifts beyond what you have expressly allowed or what the Mental Capacity Act 2005 permits, or act in their own interests rather than yours. The OPG can investigate attorneys and apply to the Court of Protection to remove them.
What happens if you lose capacity before registering your LPA?
If you lose mental capacity before signing or registering your LPA it is too late to make one. In that situation a family member or close friend would need to apply to the Court of Protection for a deputyship order — a much slower, more expensive, and court-supervised process that can cost several thousand pounds and take many months. This is the main reason the OPG urges people to register an LPA as early as possible.
How does uplaw.ai help with setting up a Lasting Power of Attorney?
uplaw.ai walks you through the OPG online process step by step, explains each section of the LPA in plain language, and helps you draft any restrictions or preferences you want to include. Tell uplaw.ai your circumstances and it will identify the right LPA type, explain the certificate provider requirement, and make sure you have everything ready before you post the documents to the OPG.
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