UK Power of Attorney Guide (LPA, How to Set Up, Cost)

What Is Power of Attorney?

A Power of Attorney is a legal document that gives someone else the authority to manage your affairs. There are different types, but since 2007, the UK has used the Lasting Power of Attorney (LPA) system in England and Wales. (Scotland uses a different system called Continuing and Welfare Powers of Attorney; Northern Ireland has its own Enduring Power of Attorney system.) The LPA replaced the older Enduring Power of Attorney (EPA), though EPAs created before 2007 are still valid. The fundamental principle of an LPA is that you (the "donor") choose someone you trust (the "attorney") to act in your best interests when you can no longer make decisions yourself. You can appoint more than one attorney, and you can specify whether they must act jointly (all must agree) or jointly and severally (they can act independently). You can also appoint replacement attorneys in case your first choice is unable or unwilling to act. The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration currently takes approximately 8–12 weeks for online applications and 12–16 weeks for paper applications. Many people make the mistake of creating an LPA and then not registering it, leaving it useless when needed. Inheritance planning →

Types of LPA

There are two types of Lasting Power of Attorney in England and Wales, and you can (and should) create both. Property and Financial Affairs LPA — this covers managing your money and property. Your attorney can: manage bank and building society accounts, pay bills and collect benefits, buy and sell property, manage investments (including pensions and ISAs), deal with HMRC and tax matters, and pay care home fees. This LPA can be used while you still have capacity if you choose, which is helpful for managing affairs if you are abroad or physically unable to handle them. Most people choose to let it be used immediately. The Property and Financial Affairs LPA can be restricted to only certain decisions — for example, you could limit it to managing your property while retaining control of day-to-day banking. Health and Welfare LPA — this covers medical and care decisions. Your attorney can: make decisions about medical treatment, decide where you live (including care home placement), consent to or refuse life-sustaining treatment (if you explicitly authorise this), arrange day-to-day care and social activities. This LPA can only be used when you lack mental capacity to make the decisions yourself. Health and Welfare LPAs are less common than Property and Financial Affairs LPAs, but they are arguably more important — without one, medical decisions will be made by doctors in consultation with your family, which can cause significant distress if family members disagree. Planning for ageing parents →

Creating an LPA

Creating an LPA involves several steps. First, choose your attorney(s). Your attorney must be aged 18 or over and have mental capacity themselves. They can be a family member, friend, or professional (such as a solicitor). Most people choose their spouse or civil partner, then adult children as alternatives. You can appoint up to four attorneys, and you can also appoint replacement attorneys to step in if a primary attorney dies or becomes unable to act. Your attorney must be someone you trust completely — they will have significant control over your finances and welfare. Second, you will need a certificate provider — someone who confirms that you understand the purpose of the LPA and are not being pressured into creating it. The certificate provider cannot be a family member or your attorney; they can be a professional (doctor, solicitor) or a friend who has known you for at least two years. Third, complete the LPA forms. You can apply online at gov.uk using the Government Gateway service, or request paper forms by post. The online process is faster and cheaper, with built-in guidance and validation. Fourth, the forms require your signature as the donor, then your attorney(s) must sign to accept the appointment, and finally your certificate provider signs. Once all signatures are gathered, you submit the application and fee to the Office of the Public Guardian for registration. Estate and inheritance planning →

Cost and Registration

Registering an LPA with the Office of the Public Guardian costs £82 per LPA in 2026/27. If you create both a Property and Financial Affairs LPA and a Health and Welfare LPA, the total cost is £164. This is the registration fee, not a creation fee — you pay when you submit the LPA for registration. The fee can be reduced for people on low incomes or certain benefits. If you receive means-tested benefits (Universal Credit, Pension Credit, Income Support, or income-based Jobseeker's Allowance), you may not have to pay. If your income is below a certain threshold, you may get a 50% reduction. You need to apply for the remission separately. The online application process takes approximately 8–12 weeks for registration. Paper applications can take 12–16 weeks. During this time, the OPG checks the application for errors and notifies the people you have named as "people to be told" on your LPA (those who must be informed so they can object if they have concerns). Urgent applications are possible if you need the LPA registered quickly — for example, if you are about to lose capacity. You can request a priority service, but this is not guaranteed. Once registered, the LPA is a legal document that your attorney can use immediately (for Property and Financial Affairs) or when you lack capacity (for Health and Welfare). Estate planning considerations →

When LPAs Are Used

LPAs come into effect when you lose mental capacity, which can happen at any age. The most common scenarios include dementia (affecting approximately 900,000 people in the UK), stroke, traumatic brain injury from an accident, mental illness that impairs decision-making, or a degenerative neurological condition such as Parkinson's or multiple sclerosis. It is a myth that LPAs are only for the elderly — a serious accident or illness can happen to anyone at any time. Once registered, a Property and Financial Affairs LPA can be used as soon as it is registered (if you chose "use now") or only when you lack capacity (if you chose "use only on loss of capacity"). Most advisors recommend choosing "use now" because it allows your attorney to help with financial tasks even when you still have capacity — useful if you are in hospital or abroad. The attorney must act in your best interests at all times, following the Mental Capacity Act 2005 principles. They must involve you in decisions as much as possible, consider your past and present wishes, and consult with family and carers. They must keep accounts of all transactions and can be supervised by the Office of the Public Guardian. If your attorney is suspected of abusing their position, the OPG can investigate and, if necessary, remove them and report them to the police. Helping ageing parents with finances →

Without an LPA

If you lose mental capacity without an LPA in place, your family faces a difficult process. They must apply to the Court of Protection to become your deputy. The application process costs approximately £400 in court fees plus a £100 annual supervision fee. The process takes 4–6 months or longer. During this time, no one can legally manage your finances — bills may go unpaid, benefits may be unclaimed, and your bank accounts may be frozen. The Court of Protection will decide who should manage your affairs, which may not be who you would have chosen. A deputy may need to provide annual reports and accounts to the court, and they are supervised by the OPG, which incurs ongoing fees. If a family member needs to sell your house to pay for care costs, they cannot do so without court authorisation, which adds more time and expense. The emotional stress on your family during an already difficult time is immense. The total cost of a Court of Protection application — including legal fees — can easily exceed £2,000–£3,000, far more than the £164 for two LPAs. The message is clear: everyone over 18 should have both types of LPA in place. The cost is minimal compared to the peace of mind and protection it provides. Do not wait until it is too late — create your LPAs today. Inheritance and estate planning →

FAQs

What is the difference between an LPA and an EPA?

An Enduring Power of Attorney (EPA) was the old system before 2007, covering only property and financial affairs. LPAs replaced EPAs and added the Health and Welfare option. EPAs created before 2007 are still valid if registered. LPAs must be registered with the Office of the Public Guardian before use.

Do I need both types of LPA?

Yes, it is strongly recommended. The Property and Financial Affairs LPA covers money matters; the Health and Welfare LPA covers medical and care decisions. One does not replace the other. Creating both costs £164 and covers all aspects of decision-making if you lose capacity.

Can I change or cancel an LPA after registration?

Yes, you can cancel (revoke) an LPA at any time while you still have mental capacity. You must complete a deed of revocation and notify the OPG. You cannot cancel an LPA after losing capacity. You can also update an LPA by creating a new one and cancelling the old one.

Can my attorney make a profit from being my attorney?

No. Attorneys cannot make a profit from their role (unless they are a professional attorney like a solicitor who charges for their services). They cannot benefit from your estate through their position. They must keep their finances separate from yours and maintain clear accounts of all transactions.

What happens to my LPA if I move to Scotland or abroad?

An LPA registered in England and Wales is not automatically valid in Scotland or Northern Ireland. Different legal systems apply. If you move permanently to Scotland, you may need to create a Continuing Power of Attorney under Scottish law. If you move abroad, you need to check local laws regarding recognition of UK LPAs.

Can I be an attorney for someone else?

Yes, if you are 18 or over and have mental capacity. Being an attorney is a serious responsibility. You must act in the donor's best interests, keep their money separate from yours, maintain accurate records, and involve them in decisions as much as possible. The Office of the Public Guardian provides guidance and can investigate concerns about an attorney's conduct.