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 LPA attorney give away the donor's money?

Only in very limited circumstances. Attorneys can make small customary gifts on occasions like birthdays and Christmas, and small charitable donations to charities the donor previously supported. The gifts must be reasonable relative to the donor's estate. Larger gifts require Court of Protection approval.

Can an attorney change the donor's will?

No. An LPA attorney has no power to create, change, or revoke a will. If a will needs to be changed after the donor has lost capacity, an application must be made to the Court of Protection for a statutory will.

Can attorneys do inheritance tax planning?

Not without Court of Protection approval. Attorneys cannot make large gifts, set up trusts, or transfer assets for inheritance tax purposes. If this is important to you, do it while you have capacity with professional advice.

Does selling a property under an LPA affect inheritance?

Yes. If an attorney sells the donor's home to fund care, the property is no longer part of the estate. However, the sale proceeds remain the donor's money and should be used for their benefit. Any remaining funds will still form part of the estate.

Should LPA attorneys and will executors be the same people?

They can be, but they do not have to be. Some people prefer the same people for consistency, while others prefer different people to provide checks and balances. There is no legal requirement either way.

How do I protect my inheritance for my children?

You can add preferences to your LPA about preserving assets where possible, but your attorneys' primary duty is to act in your best interests during your lifetime. Inheritance protection is better addressed through your will, trusts, and professional financial advice.

LPA and Inheritance — What Attorneys Can and Cannot Do

How does an LPA affect inheritance?

A Lasting Power of Attorney and a will are two separate legal documents that serve different purposes. An LPA is about managing affairs during the donor's lifetime, while a will deals with what happens after death. However, decisions made under an LPA can significantly affect what is left in the estate.

For example, if an attorney sells the donor's house to fund care home fees, the property is no longer part of the estate. If an attorney spends savings on the donor's care, there is less to inherit. These are legitimate uses of the LPA — attorneys must prioritise the donor's needs during their lifetime over preserving the estate for beneficiaries.

Can an LPA attorney make gifts?

The law places strict limits on gifts made by attorneys. Under section 12 of the Mental Capacity Act 2005, an attorney can only make gifts that are:

Customary gifts on occasions such as birthdays, Christmas, weddings, or civil partnership ceremonies — to people who are related to or connected with the donor
Charitable donations to charities the donor previously supported — but only of reasonable amounts

The value of any gift must be reasonable in relation to the donor's overall estate. A £20 birthday present from someone with £200,000 in savings is reasonable. A £10,000 gift from someone with £50,000 in savings almost certainly is not.

What counts as an unreasonable gift?

Attorneys must not make gifts that are intended to reduce the donor's estate for inheritance tax purposes, distribute assets early to beneficiaries, or benefit the attorney themselves. These are all forms of financial abuse and can be investigated by the Office of the Public Guardian.

Can an attorney change a will?

No. An LPA attorney has absolutely no power to change, create, or revoke a will on the donor's behalf. Only the donor can make or change their will, and they must have the mental capacity (known as "testamentary capacity") to do so.

If there is a genuine need to change a will after the donor has lost capacity — for example, to include a new grandchild — an application can be made to the Court of Protection for a "statutory will." This is a court-approved will made on behalf of someone who lacks testamentary capacity. Read more about this in our article on whether an attorney can change a will.

Should you consider inheritance when making an LPA?

When setting up your LPA, you might want to think about how your attorneys' decisions could affect your estate. You can add preferences and instructions to guide your attorneys — for example:

A preference that attorneys should try to preserve the family home where possible
An instruction about the maximum value of gifts that can be made
A preference about which assets should be used first to fund care

However, remember that instructions are legally binding and could limit your attorneys' ability to act in your best interests. Be careful not to create instructions that could inadvertently harm you — for example, preventing the sale of your home even if you urgently need care funding.

What about inheritance tax planning?

Attorneys cannot carry out inheritance tax planning without the approval of the Court of Protection. This includes:

Making large gifts to reduce the taxable estate
Setting up trusts
Transferring assets between family members
Making exempt transfers above the usual small gift amounts

If inheritance tax planning is important to you, it is better to do it while you still have capacity, working with a financial adviser or tax specialist.

How much does it cost to set up an LPA?

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.

Creating both LPA types costs just £69 with myLPA Guide, plus the OPG registration fee of £92 per document. This is a fraction of the cost of solicitors, who typically charge £400-£900. You can start your free LPA questionnaire right now.

LPA, wills, and estate planning — how they work together

A comprehensive plan for the future typically includes:

Both types of LPA — covering financial and health decisions during your lifetime
A will — covering what happens to your estate after death
Clear communication — making sure your attorneys and executors understand your wishes

Your LPA attorneys and your will executors can be the same people or different people. There is no legal requirement either way. Just make sure everyone knows what role they play and what your wishes are.

LPA and Inheritance — What Attorneys Can and Cannot Do

How does an LPA affect inheritance?

Can an LPA attorney make gifts?

What counts as an unreasonable gift?

Can an attorney change a will?

Should you consider inheritance when making an LPA?

What about inheritance tax planning?

How much does it cost to set up an LPA?

LPA, wills, and estate planning — how they work together

Frequently Asked Questions

Can an LPA attorney give away the donor's money?

Can an attorney change the donor's will?

Can attorneys do inheritance tax planning?

Does selling a property under an LPA affect inheritance?

Should LPA attorneys and will executors be the same people?

How do I protect my inheritance for my children?

Related Articles

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

LPA and Property — How Power of Attorney Handles Property Decisions

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

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

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

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