When can a registered LPA be used?
A Lasting Power of Attorney must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration takes approximately 20 weeks. Once registered:
- A Property and Financial Affairs LPA can be used straight away — even while the donor still has mental capacity, as long as the donor consents. This is useful for practical help with banking or paperwork.
- A Health and Welfare LPA can only be used when the donor lacks the mental capacity to make a specific decision themselves.
How do you present an LPA to organisations?
When an attorney needs to use the LPA, they present it to the relevant organisation — such as a bank, hospital, care home, utility company, or local authority. There are several ways to do this:
Certified copies
Attorneys should never hand over the original registered LPA. Instead, they should use certified copies. A certified copy can be made by the donor, an attorney, or a solicitor. Each page must be signed and dated with a statement confirming it is a true copy of the original.
The OPG Use an LPA service
The OPG provides an online "Use an LPA" service that generates a unique access code. The attorney gives this code to the organisation, which can then verify the LPA online. This is increasingly the preferred method for many banks and organisations.
Registering with banks
Most banks allow you to register the LPA in advance, before the attorney actually needs to use it. This means the attorney's authority is already on file, and they can act quickly if needed. Contact the donor's bank to ask about their LPA registration process.
What can attorneys do with a Property and Financial Affairs LPA?
Once the LPA is registered and in use, attorneys can:
- Access and manage the donor's bank accounts
- Pay bills — mortgage, rent, utilities, council tax, insurance
- Manage investments and savings
- Sell or manage property
- Deal with tax returns and HMRC
- Claim benefits and pensions
- Make small gifts on special occasions (birthdays, Christmas)
- Manage business affairs if the donor is a business owner
What can attorneys do with a Health and Welfare LPA?
When the donor lacks capacity for a specific health or welfare decision, attorneys can:
- Consent to or refuse medical treatment
- Decide where the donor lives
- Make decisions about day-to-day care
- Choose care homes or care providers
- Make decisions about diet and daily routine
- Give or refuse consent to life-sustaining treatment (if the LPA grants this power)
What must attorneys always do?
Attorneys have legal duties under the Mental Capacity Act 2005:
- Act in the donor's best interests — not their own interests or the interests of beneficiaries
- Have regard to the donor's past and present wishes — including any preferences and instructions in the LPA
- Consider less restrictive options — before making any decision
- Keep the donor's money separate from their own
- Keep records of decisions made and money spent
- Not delegate their decision-making authority to others (though they can get professional advice)
What if an organisation refuses to accept the LPA?
Banks and other organisations are legally required to accept a validly registered LPA. If an organisation refuses:
- Ask to speak to their LPA or bereavement team (most large banks have specialist departments)
- Provide the OPG access code so they can verify the LPA online
- Quote the relevant legislation — the Mental Capacity Act 2005
- Contact the OPG for support if the organisation continues to refuse
- Make a formal complaint to the organisation
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.
If you have not yet set up your LPA, complete your LPA questionnaire free at myLPA Guide. Both LPA types cost £69 to generate, plus the OPG registration fee of £92 per document. Solicitors typically charge £400-£900 for the same service.
Tips for attorneys
- Register the LPA with the donor's bank and financial institutions in advance
- Keep certified copies readily available — you may need to provide them to multiple organisations
- Use the OPG's online "Use an LPA" service to generate access codes
- Keep detailed records of all financial transactions
- Read and follow any preferences and instructions in the LPA carefully
- Consult other attorneys if the LPA requires joint decisions
- Seek professional advice for complex decisions (e.g., selling property, managing investments)