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.

What is a replacement attorney?

A replacement attorney is a backup person named in your LPA who automatically steps in if an original attorney can no longer act — due to death, loss of capacity, divorce, bankruptcy, or choosing to step down. They ensure your LPA continues to work.

Do replacement attorneys cost extra?

No. Replacement attorneys are named on the same LPA form as your original attorneys at no additional cost. With myLPA Guide, the total cost is £39 per document to generate (or £69 for both) plus £92 per document for OPG registration.

How many replacement attorneys should I appoint?

There is no maximum, but most people appoint one or two. At minimum, you should have at least one replacement attorney for each LPA. If your original attorneys are elderly, consider appointing younger replacements.

When does a replacement attorney start acting?

A replacement attorney automatically steps in when an original attorney can no longer act. This happens without any court application or new LPA — the replacement simply begins using the registered LPA as their authority.

Can a replacement attorney be someone who is also named as an original attorney on a different LPA?

Yes. The same person can be an original attorney on one LPA and a replacement on another. For example, your daughter could be your main attorney for financial matters and a replacement attorney for health matters.

What happens if I do not appoint replacement attorneys?

If all your original attorneys can no longer act and there are no replacements, the LPA fails. If you have lost capacity by that point, someone would need to apply for a costly deputyship order. Appointing replacements prevents this.

Replacement Attorneys Explained — When and Why You Need Them

What are replacement attorneys?

When you create a Lasting Power of Attorney, you can name one or more replacement attorneys in addition to your main (original) attorneys. Replacement attorneys are essentially your backup — they do not have any powers initially, but they automatically step into the role if an original attorney can no longer act.

Think of replacement attorneys as an insurance policy for your LPA. They ensure the document continues to work even if something unexpected happens to one of your chosen attorneys.

When do replacement attorneys step in?

A replacement attorney takes over when an original attorney:

Dies
Loses mental capacity themselves
Divorces or separates from the donor (if they were the donor's spouse or civil partner)
Goes bankrupt (for a Property and Financial Affairs LPA only — bankruptcy does not affect a Health and Welfare attorney)
Disclaims (formally gives up) their appointment

The replacement happens automatically — there is no need for a court application or new LPA. The replacement attorney simply begins acting, presenting the registered LPA as evidence of their authority.

Why are replacement attorneys important?

Without replacement attorneys, your LPA is vulnerable. Consider these scenarios:

Scenario 1: Joint attorneys

If you appointed two attorneys to act jointly (meaning they must agree on every decision) and one of them dies, the LPA fails entirely. Neither the surviving attorney nor anyone else can use it. You would need to create a new LPA — but if you have already lost capacity, you cannot. A replacement attorney prevents this disaster.

Scenario 2: Sole attorney

If you appointed just one attorney and they die or lose capacity, the LPA is useless. With a replacement attorney, someone is ready to step in immediately.

Scenario 3: Divorce

If your attorney is your spouse and you later divorce, they are automatically removed as attorney. Without a replacement, the LPA may be left without anyone to act.

How do you appoint replacement attorneys?

Replacement attorneys are named on the LPA form when you create the document. You can specify:

How many replacement attorneys you want
Whether they replace a specific attorney or any attorney
Whether multiple replacements act jointly, jointly and severally, or in a specified order

When you use myLPA Guide, the questionnaire guides you through appointing replacement attorneys step by step. There is no additional cost for naming replacements — they are part of the standard LPA form.

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.

Who can be a replacement attorney?

The eligibility criteria are the same as for original attorneys:

Must be aged 18 or over
Must have mental capacity
Must not be bankrupt or subject to a debt relief order (for a Property and Financial Affairs LPA)
Cannot be the donor's care worker or employee of their care home

Common choices for replacement attorneys include siblings, adult children, close friends, or professional advisers. Read our guide on who can be an attorney for more detail.

How many replacement attorneys should you appoint?

There is no maximum number, but most people appoint one or two replacement attorneys. Consider your circumstances:

If you have one original attorney, at least one replacement is essential
If you have joint attorneys, a replacement is critical to prevent the LPA from failing
If your attorneys are elderly or in poor health, appointing younger replacements provides longer-term security

How much does it cost?

Appointing replacement attorneys does not add any cost to your LPA. They are simply named on the same form as your original attorneys. With myLPA Guide, a single LPA costs £39 to generate, or £69 for both types. The OPG registration fee is £92 per document. Start your free LPA questionnaire to get started.

Common mistakes with replacement attorneys

Not appointing any — the biggest mistake is not having replacements at all
Not considering age and health — if your replacements are the same age as your attorneys, they may not be available when needed
Conflicting instructions — make sure your preferences and instructions work with replacement attorneys too
Not telling replacements — make sure your replacement attorneys know they have been appointed and understand what it means

Replacement Attorneys Explained — When and Why You Need Them

What are replacement attorneys?

When do replacement attorneys step in?

Why are replacement attorneys important?

Scenario 1: Joint attorneys

Scenario 2: Sole attorney

Scenario 3: Divorce

How do you appoint replacement attorneys?

Who can be a replacement attorney?

How many replacement attorneys should you appoint?

How much does it cost?

Common mistakes with replacement attorneys

Frequently Asked Questions

What is a replacement attorney?

Do replacement attorneys cost extra?

How many replacement attorneys should I appoint?

When does a replacement attorney start acting?

Can a replacement attorney be someone who is also named as an original attorney on a different LPA?

What happens if I do not appoint replacement attorneys?

Related Articles

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

How to Set Up a Lasting Power of Attorney — Step-by-Step 2026 Guide

Common LPA Mistakes — 12 Errors That Could Invalidate Your LPA

Updating Your LPA — When and How to Change Your Lasting Power of Attorney

LPA for Married Couples — A Complete Guide for 2026

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