The short answer
- Registering an LPA costs £92. Both types cost £184. A couple with both types each pays £368 in total.
- The fee is halved if your income is under £12,000, and waived on some means-tested benefits.
- You can make an LPA yourself online. A solicitor is optional.
- Without an LPA, a court deputyship costs £532 to set up and £320 a year in supervision fees.
What an LPA is
A Lasting Power of Attorney is a legal document in which you, the “donor”, appoint one or more “attorneys” to make decisions on your behalf. It must be registered with the Office of the Public Guardian (OPG) before it can be used.
You must be 18 or over and have mental capacity when you make it. Many people make LPAs at the same time as a will, long before they need them.
The two types
- Covers
- Bank accounts, bills, benefits, pensions, selling a home
- When used
- As soon as it is registered, if you allow it
- Useful for
- Illness, hospital stays, travel, as well as loss of capacity
- Covers
- Daily care, medical treatment, where you live
- When used
- Only when you cannot decide yourself
- Life-sustaining treatment
- Only if you give attorneys this power
Each type is a separate document with its own fee. Most people make both, because they cover different decisions and a spouse or next of kin has no automatic right to make either kind.
What it costs
| What | Registration fees | With a solicitor at £400 + VAT each |
|---|---|---|
| One person, one type | £92 | £572 |
| One person, both types | £184 | £1,144 |
| A couple, both types | £368 | £2,288 |
The registration fee is the same whether you apply yourself or through a solicitor. Solicitors’ fees vary widely: some charge a fixed fee per document, others an hourly rate. Charities and some will-writing services offer lower-cost help.
Doing it yourself
The online service guides you through each step and checks for common errors. If your wishes are simple and your family relationships are straightforward, you may not need professional help.
Help with the fee
- Reduction: if the donor’s gross income is less than £12,000 a year, the fee is halved to £46.
- Exemption: if the donor gets certain means-tested benefits, there may be no fee. Check the current list on GOV.UK before applying.
- Hardship: the OPG can reduce or waive a fee in exceptional circumstances.
Apply for help using form LPA120 when you register. The help depends on the donor’s circumstances, not the attorneys’.
What happens without an LPA
If someone loses mental capacity without an LPA, their family usually has to apply to the Court of Protection to become a deputy. Banks may freeze accounts in the meantime, even joint ones in some cases.
| Fee | Amount |
|---|---|
| Application | £432 |
| Assessment for a new deputy | £100 |
| Hearing, if needed | £100 |
| Supervision each year (general) | £320 |
| Supervision each year (minimal, under £21,000) | £35 |
A deputy usually also has to buy a security bond each year, file annual reports, and often pays a solicitor to make the application. The process can take many months. A deputy for health and welfare is rarely appointed, so those decisions are left to doctors and social workers.
Choosing attorneys
Attorneys must be 18 or over and have mental capacity. Most people choose family members or close friends. Think about:
- whether they are good with money and paperwork;
- whether they live nearby and are likely to outlive you;
- whether they will consult your family and respect your wishes.
- How it works
- Attorneys can act together or alone
- Benefit
- Flexible; still works if one dies
- How it works
- All attorneys must agree every decision
- Risk
- Fails if one attorney can no longer act
You can also name replacement attorneys to step in if an original attorney cannot act.
Making and registering an LPA
- Step 1Fill in the forms
Online or on paper, one for each type.
- Step 2Sign in the right order
Donor, then certificate provider, then attorneys.
- Step 3Register with the OPG
Pay £92 per LPA.
- Step 4Notice period
Four weeks for anyone to object.
- Step 5Registered
The LPA can then be used.
Registration takes several weeks. Register straight away, so the LPA is ready when it is needed.
The certificate provider
A certificate provider confirms that you understand the LPA and are not being pressured. It must be someone who has known you well for at least two years, or a professional such as a doctor or solicitor. It cannot be an attorney or a family member.
Using an LPA
Once registered, attorneys show the LPA to banks, care homes and others. Attorneys must act in your best interests, keep your money separate from theirs and keep records. They can claim reasonable expenses but not pay themselves unless the LPA allows it.
The OPG can investigate if anyone is concerned that an attorney is misusing their power.
Common mistakes
- Signing in the wrong order, or before the donor has signed.
- Missing witness signatures.
- Adding instructions the OPG cannot accept, such as conflicting conditions.
- Choosing “jointly” without understanding that all attorneys must then act together.
- Original registration fee£92
- Correct and reapply within 3 months£46
Changing or ending an LPA
While you have capacity, you can cancel an LPA at any time, or remove an attorney. An LPA ends automatically on your death. A property and financial affairs LPA also ends if you become bankrupt. To change attorneys, you usually need to make a new LPA.
Scotland and Northern Ireland
Scotland uses continuing and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland). Northern Ireland uses enduring powers of attorney. Fees and rules differ, so check with the relevant body.
When to make an LPA
The best time is while you are well. Accidents, strokes and sudden illness can happen at any age, and an LPA cannot be made once capacity is lost. Many people make LPAs when they write a will, buy a home, start a family or retire.
If a diagnosis such as dementia is made, it is often still possible to make an LPA in the early stages, as long as the person understands what they are signing. A certificate provider must be satisfied of this, so act quickly.
Preferences and instructions
You can add preferences, which attorneys should take into account, and instructions, which they must follow. For example, a preference might be that you would like to stay at home as long as possible. An instruction might be that your home must not be sold while your partner lives there.
Instructions that are unclear or impossible to follow are a common reason for the OPG to reject an LPA, so keep them simple and specific.
Life-sustaining treatment
On a health and welfare LPA, you choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf. If you do not give them this power, doctors will decide in your best interests, after consulting your family. Talk to your attorneys about your wishes so they can act confidently if the time comes.
LPAs and banks
Once registered, a property and financial affairs LPA can be registered with each bank, building society and investment provider. Attorneys can then manage accounts, pay bills and deal with pensions and benefits. You can let them use it while you still have capacity, for example if you are in hospital, or only once you lose capacity.
Without an LPA, banks will usually not let a family member manage someone’s account, even a spouse, beyond very limited arrangements.
Protecting against abuse
Several safeguards protect donors:
- the certificate provider confirms you understand the LPA and are not being pressured;
- you can name people to be told when the LPA is registered, so they can object;
- attorneys must keep records and act in your best interests;
- the OPG investigates concerns and can apply to the court to cancel an LPA.
Choosing more than one attorney, or asking attorneys to share accounts with a family member, can add an extra check.
The online service
The GOV.UK service lets you make an LPA online, check it for errors and then print it for signing, or complete more of the process digitally. You can save progress and come back later. Pay the £92 fee when you apply to register, and track progress through the OPG.
LPAs, wills and other documents
Many people put several documents in place at once:
| Document | What it does | When it applies |
|---|---|---|
| Will | Says who inherits and who deals with your estate | After death |
| Property and financial affairs LPA | Lets attorneys manage money and property | While you are alive |
| Health and welfare LPA | Lets attorneys make care and medical decisions | When you cannot decide |
| Advance decision | Refuses specific medical treatment in advance | When you cannot decide |
An advance decision to refuse treatment is legally binding if made properly, but a later health and welfare LPA covering the same treatment can override it. Make sure your documents agree with each other.
LPAs for business owners
A personal property and financial affairs LPA may not let an attorney run your business. Sole traders and partners should consider a separate business LPA, naming attorneys who understand the business, so bills, staff and customers can still be dealt with if you are ill. Company directors should also check the company’s articles and any shareholder agreement.
What mental capacity means
Under the Mental Capacity Act 2005, a person lacks capacity to make a particular decision if, because of an impairment of the mind or brain, they cannot understand, retain or weigh the relevant information, or communicate their decision. Capacity is judged decision by decision and at the time it is needed. Someone may be able to decide what to eat but not whether to sell their home.
Attorneys must assume the person has capacity unless it is shown otherwise, help them make their own decisions where possible, and choose the least restrictive option when they do decide for them.