How do I set up a Lasting Power of Attorney — and why should I do it now?

What is a Lasting Power of Attorney and why does it matter?

Most of us assume we will always be able to manage our own affairs. But a stroke, a dementia diagnosis, or a serious accident can change that — sometimes suddenly, sometimes gradually. Without an LPA in place, even your closest family members cannot legally access your bank account, pay your bills, sell your home, or make decisions about your medical care.

If no LPA exists and you lose mental capacity, your family would need to apply to the Court of Protection to be appointed as your deputy. That process typically costs over £1,000, takes many months, and can be deeply stressful at an already difficult time. An LPA prevents all of that. It is made in advance — while you are well — and only used if and when it is actually needed.

What are the two types of LPA?

There are two separate LPAs, and many people choose to make both at the same time.

What does a Property and Financial Affairs LPA cover?

This type covers decisions about your money, bank accounts, investments, property, pensions, and bills. Your attorney can use this LPA with your permission while you still have capacity — for example, if you have difficulty getting to the bank — or it can be restricted to use only once you lack capacity. This flexibility makes it useful well before any health crisis occurs.

What does a Health and Welfare LPA cover?

This type covers decisions about your medical treatment, where you live (including care home placements), your daily routine, and what you eat or wear. Unlike the financial LPA, this one can only be used when you lack the mental capacity to make those decisions yourself. It also lets you specify whether your attorney can consent to or refuse life-sustaining treatment on your behalf — an important and deeply personal decision to make in advance.

How does the new online LPA process work?

The Office of the Public Guardian (OPG), which is the government body that oversees LPAs in England and Wales, is modernising the way LPAs are made and registered. A digital service is available now at the government website, and it is being upgraded through 2025 and into 2026 under the Powers of Attorney Act 2023.

The updated digital service offers:

• Real-time error checking — the system flags mistakes before you submit, reducing delays caused by having to post corrections back and forth
• Identity verification for all parties — donors, attorneys, and certificate providers all verify their identity online, which reduces the risk of fraud
• Faster registration — because errors are caught earlier, the overall process is expected to be significantly quicker than the current paper route

If you are not comfortable doing everything online, a hybrid option is available: you can complete some steps on paper and others digitally. Paper forms remain available for those who prefer them entirely.

How much does it cost to register an LPA?

The fee to register each LPA with the OPG rose to £92 in November 2025, up from £82. Since there are two types of LPA, making both costs £184 in total.

You may qualify for a 50% fee reduction (down to £46 per LPA) if your gross annual income is below £12,000. However, there is an important recent change: from 2 February 2026, receiving Universal Credit no longer automatically qualifies you for a fee reduction. You now need to meet the income threshold separately. If you applied before that date using Universal Credit as your qualifying benefit, your reduction would have been honoured — but anyone applying now needs to check their income figure.

If you have a very low income or receive certain means-tested benefits such as Income Support or Pension Credit, you may qualify for a full fee exemption. The OPG’s website has a fee remission checker that takes only a few minutes to use.

Who do you need to involve when making an LPA?

Making an LPA is not something you do alone. You will need to involve:

• One or more attorneys — the people you are giving legal authority to. They must be over 18, have mental capacity themselves, and not be bankrupt (for a financial LPA). Choose someone you trust completely, and consider naming a replacement attorney in case your first choice is unable to act.
• A certificate provider — an independent person who confirms that you understand the LPA and are making it freely, without pressure. This can be a solicitor, GP, or someone who has known you personally for at least two years — but not a family member or one of your attorneys.
• Witnesses — each signature on the LPA must be witnessed by a person aged 18 or over who is not one of your attorneys.

You can also name up to five people to be notified when the LPA is registered, giving them the opportunity to raise concerns if they believe you were pressured or did not understand what you were signing. This is an optional but valuable safeguard.

How long does registration take — and when should I start?

Once you have completed and signed your LPA documents, they must be sent to the OPG to be registered. Registration currently takes around 8 to 10 weeks, though this can vary. The LPA cannot be used by anyone until it has been officially registered — so starting early matters.

The single most important thing to understand is this: you can only make an LPA while you have mental capacity to do so. If you wait until after a stroke, a dementia diagnosis, or another health event reduces your capacity, it is too late. The law requires that you fully understand what you are agreeing to at the time you sign.

This is why Age UK and many solicitors encourage people to make an LPA in their 50s or 60s, not in their 80s. You are not being morbid — you are being practical. Many people who have gone through the Court of Protection process after a family member lost capacity without an LPA say the same thing: “If only we had done it sooner.”