A power of attorney is an important legal document for elderly parents and relatives to set up that allows them to appoint someone to help them make decisions, or to make decisions on their behalf. The two main types are:
- Lasting power of attorney (LPA), which continues if the donor loses mental capacity
- Ordinary power of attorney (OPA) (sometimes called a general power of attorney), which is only valid when they donor has mental capacity.[1]
LPAs are governed by the Mental Capacity Act 2005.
OPAs are made under the Powers of Attorney Act 1971.[2]
We explain below the difference and you can read more about the different types in our power of attorney guide.
This guide will walk you through the lasting power of attorney forms, including who needs to sign and how to register them.
This guide will walk you through the Lasting Power of Attorney forms, including who needs to sign them and how to register them. We’re not legal experts ourselves so we have enlisted the help and expertise of Honey Legal to make sure the information on this page is correct.
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How to set up a lasting power of attorney, step by step
Setting up a lasting power of attorney allows someone (the “attorney”) you trust (the “donor”) to make decisions on your behalf if you lose mental capacity or, in some cases, while you still have capacity.
There are two types of lasting power of attorney and you must apply for each individually:
1. Property and financial affairs LPA
This allows attorneys to make decisions about:
- Managing bank accounts
- Paying bills
- Selling property
- Handling investments
This type can be used:
- As soon as it is registered (with the donor’s consent), or
- Only if the donor loses mental capacity (if specified in the form)
2. Health and welfare LPA
This allows attorneys to make decisions about:
- Medical treatment
- Care arrangements
- Moving into care
- Life-sustaining treatment (if expressly authorised)
This type can only be used once the donor has lost mental capacity.
Under the Mental Capacity Act 2005, a person lacks mental capacity if they are unable to understand or retain relevant information, use it as part of decision making or communicate their decision to others.
1. Select the attorney(s)
The first step is to choose appropriate people to name as attorneys. When choosing someone, the donor should consider if that person is trustworthy, reliable, and be able to make good decisions on their behalf. Most people select close friends or family members as their attorneys.
Your chosen attorneys should be someone you trust, over the age of 18, who is willing to act as an attorney and financially responsible (for property and financial LPAs).
You can also appoint replacement attorneys in case an original attorney can no longer act.
Discuss the appointment with the people named in the LPA form before completing the forms. Make sure that they are happy to be named as attorneys.
More than one person can be chosen as an attorney. This enables the attorneys to work together to make decisions. Having too many attorneys, however, may make it difficult for them to agree on decisions.[3]
2. Fill in the lasting power of attorney forms
You can fill out paper forms, or complete them online via GOV.UK, but they will need to printed out and physically signed either way.
Below is a simple guide to filling in each part of the LPA form. You might want to take legal advice as it can be confusing, time consuming and costly if you get it wrong.
Below is a simple guide to filling in each part of the LPA form. If you need more advice Honey Legal have a free downloadable guide or can help you through the process over the phone. You might want to take legal advice as it can be confusing, time consuming and costly if you get it wrong.
Key sections of the lasting power of attorney forms
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Section 1
The first section of the form requires the donor's details. The donor needs to fill out this section themselves and sign it.
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Section 2
The second section is for the donor to list the attorney(s) that they are looking to appoint. The order does not matter – all attorneys listed have equal power.
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Section 3
The third section concerns how the donor wants their attorneys to make decisions. Decisions can be made "jointly", "jointly and severally", or "jointly for some decisions, jointly and severally for other decisions". See below for more explanation.
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Section 4
Section 4 is optional. The donor can write down the names of any replacement attorneys. These are people that will become attorneys if one of the original attorneys named can no longer make decisions on the donor's behalf.
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Section 5 (health and welfare)
Section 5 of the health and welfare LPA form (remember: there are two separate forms) is deciding whether or not the donor gives consent for their attorneys to make decisions about life-sustaining treatment on their behalf.
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Section 5 (property and finance)
Section five of the property and financial affairs LPA form is whether or not the donor wants their attorneys to be able to act on their behalf as soon as the LPA is registered, or only if they do not have the mental capacity themselves.
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Section 6
Section 6 is optional. The donor can select up to five trusted people to inform about their LPA when it's ready to be registered. This is to allow these trusted people to voice any concerns about the choice of attorney to the Office of the Public Guardian.
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Section 7
Section 7 is optional. The donor can use this space to outline any preferences or instructions that they feel may benefit their attorneys in the future, when the donor no longer has mental capacity.
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Section 8
Section 8 explains the legal duties of the donor, attorneys and certificate provider. Attorneys must act in the donor’s best interests, which includes managing finances properly, avoiding conflicts of interest and following any binding instructions.
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Section 9
Section 9 is where the donor signs. The signature must be witnessed by someone over 18 who is not an attorney and the donor must sign before the certificate provider.
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Section 10
In Section 10, the certificate provider confirms the donor understands the LPA and is not under pressure to sign.
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Section 11
Section 11 is where each attorney confirms they understand their legal responsibilities and agree to act.
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Section 12
Section 12 identifies who is applying to register the LPA, either the donor or an attorney.
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Section 13
Section 13 confirms where the registered LPA should be sent once approved. This does not affect validity but ensures the official document is returned to the correct person after registration.
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Section 14
Section 14 covers the registration fee, which is £82 per LPA.
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Section 15
Section 15 must be signed by the person applying to register the LPA. By signing, they confirm the information is correct and that required notifications have been given.
How to include a certificate provider
An LPA must include a certificate provider.
This is someone who confirms that the donor understands the LPA, they not under pressure and they have mental capacity at the time of signing.
The certificate provider must be either:
- Someone who has known the donor personally for at least two years
- A professional with relevant expertise (e.g. solicitor or doctor)
They cannot be:
- An attorney
- A family member of the donor or attorney
- An employee of a care home where the donor lives
How to sign an LPA form
The order the form is signed in is legally important and signing in the incorrect order is a common reason for rejection.
The order must be:
- The donor signs
- The certificate provider signs
- The attorney(s) sign
All parties must read the legal guidance section in the form before signing.
If the signing order or dates are incorrect, the LPA may be rejected and require resubmission – with an additional fee.
How to register an LPA
Once the forms are completed they must be sent to the Office of the Public Guardian to be registered.
If the donor has chosen trusted people to be notified (identified in Section 6 of the form), they need to be informed of the LPA registration, using an LP3 form before registration. If you apply online, it will automatically fill in the LP3 form for you.
This allows people to voice concerns about the choice of attorneys. There is currently a four week waiting period during which time the trusted person or the donor will be able to raise objections if they have concerns about the choice of attorneys or whether or not the LPA should be registered at all.
If the LPA forms were filled out online, they can also be registered online. If paper forms were used, then sections B1 to B5 of the paper forms need to be completed. This includes specifying if the forms are being submitted by the donor or the attorneys, and who to send the approved LPA to.
If you’re using paper forms to register, you need to sign them and send them to the Office of the Public Guardian. The address is listed on the form. You need to include the original LPA form and the fee – currently £82 per LPA – payable by cheque or card.
Registration can take up to 20 weeks, though this varies.
How to get help with an LPA form
You can write your power of attorney yourself if you feel confident enough to do so. This can be done on GOV.UK.
If you’d like guidance throughout the process of putting together a Power of Attorney you can seek legal advice from your lawyer or you can use a service like that provided by Which? that enables you to work from an easier template, with specialist support available if you need it. Your application is reviewed before it is finalised.
15% off Which? power of attorney services, and a special offer of 30% off their premium service to include delivery to you of 4 printed copies.
What happens if there is no LPA
If someone loses mental capacity without an LPA in place, family members must apply to the Court of Protection to become a deputy.
Deputyship is typically more expensive, slower, more administratively complex and subject to ongoing court supervision.
This is we strongly advise seting up an LPA in advance.
How to set up an ordinary power of attorney
Setting up an ordinary power of attorney will allow somebody else to look after your financial affairs for a temporary period of time. An ordinary power of attorney is sometimes known as a general power of attorney.
There is not an official form that needs to be filled out in order to set up an ordinary power of attorney. It does not need to be registered with the Office of the Public Guardian.
You do still need to use particular wording in the document you write outlining your desires for the ordinary power of attorney. The standard wording is as follows:
- “This general power of attorney is made this day of (X) by me (donor’s full name) of (address). I appoint (attorney’s full name) of (address) (joint) / (jointly / jointly and severally) to be my attorney(s) in accordance with section 10 of the Powers of Attorney Act 1971.
- “Signed by me as a deed and delivered.”
It is advisable for the attorney to sign the document, as confirmation that they have read it and agree to be an attorney. Both parties should keep a copy of the document. It is also wise to include details of the decisions that you wish them to be able to make e.g. manage bank accounts, pay bills, sign contracts. Some financial institutions will not accept the general power of attorney unless it specifically names the account that they give authority over.
If you're looking to write a Will for yourself, why not consider using an online Will-writing service? Read our guide to 10 of the Best Online Will-Writing Services.
FAQs on setting up a power of attorney
How much does it cost to apply for LPA?
It costs £82 to apply for a single legal Power of attorney.
What happens if I make a mistake on the LPA form?
Depending on the type of mistake, the Office of the Public Guardian allow you to amend it and apply again within three months for a fee of £41.
How long does it take to set up lasting power of attorney?
It usually takes up to 20 weeks for the LPA to be registered.
Where can I download the lasting power of attorney forms?
You can download the forms here from GOV.UK
Can I help my relative to fill in the forms?
Yes, you can help a relative to fill in the LPA forms – as long as the donor does still have mental capacity, and is still deciding for themselves what is going in the LPA.
Can I get professional help with an LPA?
Yes and is recommended as getting an LPA right is important so that should you ever need to use it, it stands up legally. Download Honey Legal's free guide to LPA here.
What to do next
- If you are considering setting up an LPA, start by deciding which type you need: property and financial affairs, health and welfare, or both. Think carefully about who you would trust to act as your attorney and speak to them before beginning the application.
- You can read the official step-by-step guidance and complete the forms online through GOV.UK. Make sure you understand the signing order and registration process before submitting the forms, as errors can cause delays.
- If your circumstances are complex – for example, if you have significant assets, business interests, blended families or concerns about disputes – you may wish to seek advice from a solicitor.
- If you are supporting an elderly parent or relative, check that they still have mental capacity to make their own decisions. An LPA must be made while the donor has capacity. If capacity has already been lost, you may need to apply for deputyship through the Court of Protection instead.
- Finally, once an LPA is registered, store the document safely and tell relevant organisations, such as banks or care providers, when it needs to be used.
- GOV.UK, 'Make, register or end a lasting power of attorney'.
- Lawsociety.org, 'Lasting powers of attorney', 29th September 2023.
- GOV.UK, 'Manage a lasting power of attorney'.
A guide to the Court of Protection | How the Court of Protection works, when you might need them and how they can help.
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