Lasting Power of Attorney
The strict legal answer is no — but you can play a vital role in helping a loved one put their LPA in place. Here is everything you need to know.
You cannot legally create a Lasting Power of Attorney on behalf of another person. The individual making the LPA — known legally as the donor — must create it themselves. They must fully understand what they are signing and do so of their own free will.
However, this does not mean leaving them to figure it out alone. You can absolutely assist them — helping navigate the forms, gathering information, and guiding them through the process — provided they still have the mental capacity to understand what they are agreeing to.
The Basics
Before helping a loved one with their LPA, it is vital to understand the difference between the two types available in England and Wales.
Can be used while the donor still has mental capacity (with their permission).
Can only be used once the donor has lost mental capacity.
The Golden Rule
The cornerstone of creating an LPA is mental capacity. A person must have the mental capacity to understand the nature and effect of the document they are signing. The legal requirements are straightforward: the donor must be 18 or over and possess the mental capacity to make their own decisions at the time the LPA is drafted and signed.
An early dementia diagnosis does not automatically mean a person lacks the capacity to create an LPA. Under the Mental Capacity Act 2005, capacity is time- and decision-specific. A person with early-stage dementia may have lucid intervals where they perfectly understand their finances and care wishes.
If there is any doubt about their understanding, a mental capacity assessment can be arranged — typically conducted by a GP, psychiatrist, or specialist social worker. Having this medical backing protects the LPA from being challenged legally in the future.
How to Help
Assisting someone through the LPA process follows a logical sequence. Here is how you can support your loved one at each stage.
Complete the forms via GOV.UK (LP1F for Finance, LP1H for Health) or seek professional LPA advice from a solicitor — particularly if the donor owns business assets or overseas property.
An independent person must sign the LPA to confirm the donor understands what they are signing and is acting freely. This can be someone who has known the donor personally for at least two years, or a professional such as a GP or solicitor.
The donor signs first, then the Certificate Provider, then the attorneys, then the person registering. If the donor cannot physically sign, directed execution allows someone else to sign on their behalf in their presence, witnessed by two independent adults.
An LPA is legally useless until registered with the Office of the Public Guardian. Register immediately after signing — do not wait until it is needed. The process currently takes up to 20 weeks.
Attorney Responsibilities
Being appointed as an attorney is a significant undertaking. The duties and responsibilities are strictly regulated by law under the Mental Capacity Act Code of Practice.
Every decision must be made for the benefit of the donor — not for the convenience of the attorney or other family members.
The donor's money and property must never be mixed with the attorney's own finances. Separate accounts must be maintained.
Detailed records and accounts of all financial transactions must be kept. The OPG can investigate attorneys if mismanagement is suspected.
Help the donor make their own decisions wherever possible, rather than simply taking over. Involve them in decisions even if capacity is limited.
Costs
£82
Standard registration fee
per LPA document
£164
Both LPAs registered
Health & Welfare + Property & Financial
50% off
Low income reduction
if donor earns under £12,000/year
Full fee exemption is available if the donor receives certain means-tested benefits such as Income Support or the guarantee credit element of State Pension Credit. The registration process currently takes up to 20 weeks — apply well in advance of any anticipated need.
If Capacity Has Been Lost
If a person has completely lost the capacity to understand the LPA process, they can no longer create one. In this situation, you must apply to the Court of Protection to become a Deputy.
| Factor | LPA | Deputyship |
|---|---|---|
| Cost | £82 per document to register | £371+ application fee; can easily exceed £1,000 to set up |
| Timeline | ~20 weeks to register | 6–12 months or more |
| Control | Donor chooses their own attorney | A judge decides who is appropriate |
| Supervision | Attorneys manage independently; OPG only intervenes if concerns arise | Deputies must submit detailed annual financial reports and pay a mandatory security bond |
| Health & Welfare | Full Health & Welfare LPA available | Court of Protection is generally reluctant to grant H&W deputyships; prefers one-off decisions |
Putting an LPA in place while a person is healthy and capable is far more cost-effective, much faster, and drastically less stressful for families than navigating a Deputyship later on. An LPA gives the donor full control over who acts for them — a Deputyship removes that choice entirely.
Practical Guidance
If you are stepping in to help a relative or friend with their LPA, keep these practical tips in mind.
Do not wait for a medical crisis. Frame the LPA as an "insurance policy" — something you hope never to use, but that brings immense peace of mind to have in place.
Make sure the donor feels completely comfortable with their choice of attorneys. They can appoint multiple attorneys to act jointly and severally, spreading the burden.
If you are the chosen attorney, familiarise yourself with the rules immediately. Open separate folders for receipts and legal correspondence to fulfil your duties transparently.
If family dynamics are complicated, or if the donor's estate is large, a solicitor can draft the LPA and prevent costly disputes and registration errors.
Common Questions
You cannot create an LPA on behalf of your parent. The LPA must be created by your parent themselves — they are the donor. However, you can absolutely help them through the process: gathering forms, explaining the document, arranging a Certificate Provider, and submitting the registration. Your role as a supportive family member is indispensable, provided your parent still has the mental capacity to understand what they are signing.
An early dementia diagnosis does not automatically mean a person lacks the capacity to create an LPA. Under the Mental Capacity Act 2005, capacity is time- and decision-specific. A person with early-stage dementia may still have sufficient understanding to create an LPA. If there is any doubt, arrange a mental capacity assessment with a GP, psychiatrist, or specialist social worker. Acting quickly is essential — once capacity is fully lost, an LPA can no longer be made.
A Certificate Provider must be either someone who has known the donor personally for at least two years (such as a friend, neighbour, or colleague — not just an acquaintance), or a professional with relevant skills such as a registered GP, social worker, or solicitor. Family members, attorneys named in the document, and employees of care homes where the donor lives are legally prohibited from acting as Certificate Provider.
Yes. In most cases, donors choose their spouse, adult children, siblings, or close friends as attorneys. It is also common to appoint a family member alongside a professional such as a solicitor or accountant — particularly for complex financial affairs. Any attorney must be 18 or over. For a Property and Financial Affairs LPA, the attorney must not be bankrupt or subject to a Debt Relief Order.
The current registration fee in England and Wales is £82 per document. Registering both a Health and Welfare LPA and a Property and Financial Affairs LPA costs £164. If the donor earns less than £12,000 per year before tax, they are eligible for a 50% fee reduction. If the donor receives certain means-tested benefits such as Income Support or the guarantee credit element of State Pension Credit, they may qualify for a full fee exemption.
The Office of the Public Guardian currently takes up to 20 weeks to register an LPA. This is why it is so important to register the document as soon as it has been signed — do not wait until it is needed. If the donor loses capacity before registration is complete, the process can continue, but if the LPA has not yet been submitted, it will be too late to make a new one.
If the donor has mental capacity but physically cannot hold a pen — due to a stroke, severe arthritis, or visual impairment — the LPA can still be signed through "directed execution". The donor can instruct someone else to sign the form on their behalf. This must be done in the physical presence of the donor and witnessed by two independent adults.
If a person has completely lost the mental capacity to understand the LPA process, they can no longer create one. In this situation, you must apply to the Court of Protection to become a Deputy. This process is significantly more expensive (£371+ in application fees alone), takes 6–12 months or more, and involves ongoing court supervision. This is why acting early — while capacity remains — is so important.
An LPA is a proactive document created by the donor while they have capacity, giving them full control over who acts for them and how. A Deputyship is a reactive court process that happens after capacity is lost — a judge decides who is suitable to manage the person's affairs. Deputyship is significantly more expensive, slower, and involves ongoing court supervision. An LPA is almost always the better option when planned in advance.
No. Replacement attorneys must be named in the original LPA document before it is registered. You cannot add a replacement attorney after registration. This is why it is important to think carefully about backup arrangements when drafting the LPA — if an attorney later dies, loses capacity, or resigns, a named replacement can step in automatically.
Get Expert Help
Whether you are helping a loved one set up their LPA or need advice on what to do if capacity has already been lost, our team can guide you through every step.
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