What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf, if you ever become unable to make them yourself. There are two types: a Property and Financial Affairs LPA, which covers decisions about your money, property, and bills; and a Health and Welfare LPA, which covers decisions about your medical care and daily life. You must be 18 or over and have mental capacity to make an LPA. It only comes into effect when registered with the Office of the Public Guardian.

How much does an LPA cost?

The questionnaire is completely free. Seeing your completed document is free. If you want us to generate your completed, checked document and email it to you — that is £39 per document, or £69 for both. Optional extras like our signing guide (£67) and print and post service (£25) are just that — optional. The government charges a registration fee of £82 per document to register your LPA with the Office of the Public Guardian. This is paid directly to them, not to us, and is the same regardless of who helps you with your LPA. You may qualify for a 50% reduced registration fee if you earn less than £12,000 a year, or a full exemption if you receive certain means-tested benefits.

Can I do an LPA without a solicitor?

Yes — completely. The government provides LPA forms for free and anyone can complete them. Solicitors charge £400-£900 to fill in the same free forms. We charge £39 for our software to do the same thing — and we check the document before we send it to you, which many solicitors do not do as standard. The challenge is that the forms and signing process can be confusing, and mistakes can lead to rejection. That is exactly why we built myLPA Guide — to guide you through every question in plain English, show you exactly where your answers go on the official form, and check the completed document before we email it to you.

What happens if my LPA gets rejected?

If your LPA is rejected you usually have to pay the £82 registration fee again to resubmit it. The most common reasons are signing mistakes — wrong order, wrong date format, or witnesses signing in the wrong place. Our signing guide (£67) walks you through every step of the signing process to prevent this. We also check every document we generate before emailing it to you. Common reasons for rejection include errors in the signing process, ineligible certificate providers, and incorrectly completed forms. The OPG rejects thousands of applications every year. Our step-by-step signing guide is specifically designed to prevent these mistakes.

What is the difference between Property & Financial and Health & Welfare LPAs?

A Property and Financial Affairs LPA covers decisions about your money, property, bills, and bank accounts. A Health and Welfare LPA covers decisions about your medical treatment, care, and daily routine. Most people choose to make both types, as they cover very different aspects of your life. Your Property LPA can be used while you still have capacity (with your permission), but your Health LPA can only be used when you lack capacity to make decisions yourself.

How long does an LPA take to register?

Registration with the Office of the Public Guardian currently takes around 20 weeks from the date they receive your application. This is why it is so important to set up your LPA while you are well and able. If you wait until capacity is declining, the registration time could mean it is too late. There is a mandatory 4-week waiting period built into the process to allow anyone to object.

Do I need a certificate provider?

Yes. Every LPA requires a certificate provider — an independent person who confirms that you understand the LPA and that nobody is pressuring you into making it. Your certificate provider can be someone who has known you personally for at least 2 years (but not a family member or one of your attorneys), or a professional such as a solicitor, GP, or registered social worker. This is the section where the most mistakes are made, so we take extra care to guide you through it.

What is the signing process for an LPA?

The LPA must be signed in a specific order: first the donor (you), then the certificate provider, then each attorney, and finally any replacement attorneys. Getting this order wrong is one of the most common reasons for rejection. Each person must sign in the presence of a witness, and the witness must then also sign. Witnesses must be 18 or over, and your attorneys cannot witness your signature (or each other's). Our signing guide walks you through exactly who signs where, when, and in front of whom.

Can my spouse and I both make LPAs?

Yes. Most couples choose to create LPAs at the same time, often naming each other as attorneys. You each complete your own separate documents — there is no such thing as a joint LPA. Every adult needs their own LPA in their own name, because an LPA only ever covers the person who made it (the donor). Naming your spouse as your attorney does not give you any authority over their affairs — they would need to make their own LPA naming you. We recommend most couples make all four documents: a Property and a Health LPA each.

Is myLPA a legal service?

No. myLPA Guide is a document preparation and software service. We are not a law firm and we do not provide legal advice. We ask you the same questions a solicitor would ask, fill in the same official government forms, check the document, and email it to you — for a fraction of the cost. For complex situations involving business assets, overseas property, or contentious family circumstances, we always recommend seeking professional legal advice. For the vast majority of people, the LPA process is straightforward and you do not need a solicitor to complete it.

Can an attorney make gifts from the donor's estate?

Only small, customary gifts on occasions like birthdays and Christmas, and small charitable donations. The value must be reasonable relative to the donor's estate. Larger gifts require Court of Protection approval.

Should I make my LPA and will at the same time?

Yes, this is recommended. Both documents should be prepared while you have full mental capacity. Making them together ensures they are consistent and that your family understands your wishes for both your lifetime and after your death.

What happens if someone dies without a will?

If someone dies without a valid will (intestate), their estate is distributed according to the rules of intestacy set out in law. This may not reflect what the person would have wanted, and can cause disputes among family members.

Can an attorney benefit from the donor's will?

An attorney can be named as a beneficiary in the donor's will — this is common when attorneys are family members. However, the attorney must not use their LPA powers to influence the will or act in ways that primarily benefit themselves during the donor's lifetime.

Can an Attorney Change a Will? — LPA Powers and Limitations

Can an LPA attorney change a will?

No. This is one of the clearest rules in Lasting Power of Attorney law: an attorney appointed under an LPA has absolutely no power to make, change, or revoke a will on behalf of the donor. A will is a deeply personal document, and the law protects the right of individuals to decide how their estate is distributed after death.

An LPA covers decisions during the donor's lifetime — managing finances, paying bills, making health decisions. A will covers what happens after the donor dies. These are separate legal instruments with separate purposes.

What if a will needs changing after someone loses capacity?

Sometimes circumstances change after a person has lost mental capacity, and the existing will no longer reflects what they might have wanted. Examples include:

A new grandchild is born who is not included in the will
A beneficiary named in the will has died
The donor's assets have changed significantly (e.g., their house has been sold to fund care)
A marriage or divorce has occurred that affects the will
The will was made so long ago that it no longer reflects the donor's likely wishes

In these situations, the only option is to apply to the Court of Protection for a statutory will.

What is a statutory will?

A statutory will is a will made by the Court of Protection on behalf of someone who lacks testamentary capacity. The court considers what the person would have wanted based on their known wishes, values, and circumstances. The process involves:

Making an application to the Court of Protection
Providing evidence about the donor's circumstances and likely wishes
Notifying all people who might be affected (existing beneficiaries, potential beneficiaries)
A court hearing where a judge decides the terms of the new will

This process is expensive — legal costs can run into thousands of pounds — and there is no guarantee the court will approve the changes you want.

Why is making a will while you have capacity so important?

The statutory will process highlights why it is essential to make your will (and keep it up to date) while you have full mental capacity. The same applies to your LPA — both documents should be prepared while you are well.

Interestingly, the legal threshold for making a will (testamentary capacity) is different from the threshold for making an LPA. A person might have capacity to make a simple will but lack the capacity for more complex financial decisions. This is why early action is always better.

What powers does an LPA attorney actually have?

An attorney under a Property and Financial Affairs LPA can:

Manage bank accounts and pay bills
Buy and sell property
Manage investments
Deal with tax affairs
Make small customary gifts (birthday, Christmas) of reasonable value
Claim benefits and pensions on the donor's behalf

An attorney cannot:

Change or make a will
Make large gifts or transfers to reduce the estate
Make decisions that primarily benefit the attorney rather than the donor
Act outside the scope of the LPA or against any instructions it contains

How should you plan ahead?

The best approach is to prepare both your LPA and your will at the same time, while you have full capacity. This ensures:

Your LPA attorneys know who you want to manage your affairs during your life
Your will reflects your current wishes about your estate
There are no conflicts between the two documents
Your family knows where both documents are kept

myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.

You can create both LPA types for £69 with myLPA Guide, plus the OPG registration fee of £92 per document. Start your free LPA questionnaire today and take the first step in planning ahead.

What if an attorney tries to change a will?

If an attorney attempts to change, destroy, or create a will on behalf of the donor, this would have no legal effect — the original will (or the rules of intestacy if there is no will) would still apply. It could also be grounds for the OPG to investigate the attorney and potentially remove them from their role.

If you suspect an attorney is acting improperly — including attempting to influence the donor's will — you can report your concerns to the Office of the Public Guardian.

Can an Attorney Change a Will? — LPA Powers and Limitations

Can an LPA attorney change a will?

What if a will needs changing after someone loses capacity?

What is a statutory will?

Why is making a will while you have capacity so important?

What powers does an LPA attorney actually have?

How should you plan ahead?

What if an attorney tries to change a will?

Frequently Asked Questions

Can an LPA attorney change a will?

What is a statutory will?

Can an attorney make gifts from the donor's estate?

Should I make my LPA and will at the same time?

What happens if someone dies without a will?

Can an attorney benefit from the donor's will?

Related Articles

LPA and Inheritance — What Attorneys Can and Cannot Do

Who Can Be an Attorney on an LPA? Requirements and Rules

LPA Preferences and Instructions — How to Add Conditions to Your LPA

Using Your LPA — How Attorneys Use a Registered Lasting Power of Attorney

What Happens If You Don't Have an LPA? The Real Consequences

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