Step-by-Step Guide

How to Make a Lasting Power of Attorney

A complete guide to making an LPA in England and Wales — from choosing your attorney to registering with the Office of the Public Guardian.

Get Help Making Your LPASee LPA Costs
1–2 weeks
Preparation
1–2 weeks
Signing
8–20 weeks
OPG Registration
3–6 months
Total

Step-by-Step: Making an LPA

Follow these six steps to create a valid, registered Lasting Power of Attorney.

01

Decide who to appoint as your attorney

Your decision

Your attorney will have significant legal authority over your affairs. Choose someone you trust completely — this is usually a spouse, adult child, or close friend. You can appoint more than one attorney and specify whether they must act jointly (together) or jointly and severally (independently).

Key points

  • Consider appointing a replacement attorney in case your first choice is unable to act
  • Think about whether your attorneys will work well together if you appoint more than one
  • Your attorney does not need to be a solicitor or financial professional
02

Choose a certificate provider

Your decision

Every LPA requires a certificate provider — an independent person who confirms you understand the document and are not being pressured. This can be a solicitor, GP, social worker, or someone who has known you personally for at least two years. Family members cannot act as certificate providers.

Key points

  • If you use a solicitor to prepare your LPA, they can usually act as certificate provider
  • Your GP is an excellent choice if there are any concerns about mental capacity
  • The certificate provider must be present when you sign the LPA
03

Decide whether to add any restrictions or guidance

Your decision

You can include specific instructions that your attorney must follow, or guidance (preferences) that they should take into account. For example, you might specify that your attorney cannot sell your home without court approval, or that you would prefer to remain at home rather than move to a care home.

Key points

  • Instructions are legally binding — your attorney must follow them
  • Guidance is not binding but your attorney should take it into account
  • Keep instructions clear and specific to avoid ambiguity
04

Prepare the LPA documents

1–2 weeks

The LPA must be prepared using the official OPG forms. A solicitor will prepare the documents for you, ensuring they are correctly drafted and comply with the Mental Capacity Act 2005. Errors in LPA documents are common when prepared without professional help and can result in the OPG rejecting the application.

Key points

  • Use a solicitor to prepare the documents — errors are common and costly to fix
  • The OPG's online service is available for DIY applications but carries risk
  • Ensure all sections are completed — incomplete forms are rejected
05

Sign the LPA in the correct order

1–2 weeks

The LPA must be signed in a specific order: first the donor (you), then the certificate provider, then the attorneys. Each signature must be witnessed. The certificate provider must be present when you sign. Signing out of order invalidates the LPA.

Key points

  • The signing order is: donor → certificate provider → attorneys
  • Each signature must be witnessed by an independent adult
  • Attorneys can sign at different times and in different locations
06

Register the LPA with the Office of the Public Guardian

8–20 weeks

The completed LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration fee is £82 per LPA. The OPG currently takes 8–20 weeks to register an LPA. The LPA cannot be used until it is registered.

Key points

  • Apply to register as soon as the LPA is signed — do not wait until you need it
  • The OPG will notify your attorneys and any named people when the LPA is registered
  • Keep the original registered LPA in a safe place

Common LPA Mistakes to Avoid

These are the most common errors that cause LPA applications to be rejected or invalidated.

Signing in the wrong order

The LPA is invalid and must be redone from scratch.

Appointing a family member as certificate provider

The OPG will reject the application — family members cannot act as certificate providers.

Leaving sections incomplete

The OPG will return the application with a requisition notice, causing delays.

Waiting until capacity is lost

An LPA can only be made while you have mental capacity. Once lost, it is too late.

Not appointing a replacement attorney

If your attorney dies, loses capacity or disclaims, the LPA may fail entirely.

Using the wrong form

The OPG uses specific forms — using outdated or incorrect forms results in rejection.

Frequently Asked Questions

How long does it take to make an LPA?
Preparing the LPA documents typically takes 1–2 weeks from your initial instructions. Once signed and submitted to the Office of the Public Guardian, registration currently takes 8–20 weeks. In total, allow 3–6 months from instruction to having a registered LPA. This is why it is important to start the process well in advance.
How much does it cost to make an LPA?
The government registration fee is £82 per LPA (£164 for both types). Solicitor fees typically range from £350 to £800 per LPA, depending on the firm and complexity. At PDA Law, we offer fixed fees confirmed in writing before any work begins. A fee reduction is available if your income is below £12,000 per year.
Can I make an LPA myself without a solicitor?
Yes — you can use the OPG's online service to prepare and register an LPA yourself. However, errors are common and can result in the OPG rejecting the application or, worse, an LPA that does not work as intended. A solicitor ensures the document is correctly drafted, witnessed and certified — and can advise on who to appoint and what restrictions to include.
When can my attorney start using the LPA?
A Property & Financial Affairs LPA can be used as soon as it is registered — you can authorise your attorney to use it while you still have capacity, or restrict it to use only after you lose capacity. A Health & Welfare LPA can only be used after you have lost mental capacity — it cannot be used while you still have it.
Can I cancel an LPA?
Yes — you can cancel (revoke) an LPA at any time while you have mental capacity. You must notify the OPG and your attorney in writing. Once you have lost mental capacity, you cannot revoke the LPA. This is why it is important to choose your attorney carefully.
What if I want to change my attorney?
If you want to change your attorney while you still have capacity, you must revoke the existing LPA and make a new one. You cannot simply amend an existing registered LPA. This is another reason to choose your attorney carefully at the outset.
Do I need separate LPAs for Scotland or Northern Ireland?
Yes. An LPA made in England and Wales is only valid in England and Wales. Scotland has its own system (Continuing and Welfare Powers of Attorney) and Northern Ireland has Enduring Powers of Attorney. If you have assets in multiple jurisdictions, you may need separate documents for each.
Can I make an LPA if I have already been diagnosed with dementia?
Possibly — it depends on whether you still have mental capacity at the time of making the LPA. Mental capacity is decision-specific and time-specific. Even with a dementia diagnosis, you may still have capacity to make an LPA. A solicitor can advise on whether a capacity assessment is needed and can work with your GP if required.

Ready to Make Your LPA?

Our Chester-based LPA solicitors can guide you through every step. Fixed fees, confirmed in writing before any work begins.

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