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.

Does an LPA end when the donor dies?

Yes. An LPA ends automatically and immediately when the donor dies. The attorney loses all authority at the moment of death. The will executor or administrator then takes over management of the estate.

What should I do as an attorney when the donor dies?

Stop acting immediately, notify the OPG (returning the original LPA and a death certificate copy), inform banks and other organisations, prepare a final account of transactions, and hand over all relevant documents to the will executor.

What happens if my attorney dies before me?

If you appointed replacement attorneys, they step in automatically. If you appointed multiple attorneys acting jointly and severally, the others continue. If your only attorney dies and there are no replacements, the LPA can no longer be used and you should make a new one.

Can an executor review what the attorney did?

Yes. The executor has the right to review the attorney's financial records. If they have concerns about mismanagement, they can raise them with the OPG or pursue legal action. Attorneys should keep thorough records of all transactions.

Does an LPA replace a will?

No. An LPA and a will are completely separate legal documents. An LPA covers decisions during your lifetime. A will covers what happens to your estate after death. You should have both.

How do I notify the OPG of a death?

Write to the OPG at PO Box 16185, Birmingham, B2 2WH. Include the donor's full name, date of birth, LPA reference number if known, and a copy of the death certificate.

What Happens to an LPA When Someone Dies?

What happens to an LPA when the donor dies?

A Lasting Power of Attorney ends automatically and immediately when the donor dies. The attorney's authority ceases at the moment of death. From that point forward, the attorney has no legal power to make decisions, access bank accounts, or act on behalf of the deceased.

After the donor's death, their affairs are managed by the executor of their will (or the administrator, if there is no will). The executor applies for probate and distributes the estate according to the will or the rules of intestacy.

What should the attorney do when the donor dies?

When the donor dies, the attorney should take the following steps:

Stop acting immediately — the attorney no longer has any legal authority
Notify the OPG — write to the Office of the Public Guardian informing them of the death, and return the original registered LPA (or a certified copy) along with a copy of the death certificate
Notify organisations — inform banks, care homes, utility companies, and other organisations that the donor has died and the LPA is no longer in effect
Prepare accounts — the attorney should prepare a final account of all financial transactions made under the LPA, as the executor may request this
Hand over to the executor — provide the executor with all relevant documents and information about the donor's affairs

Can an attorney do anything after the donor dies?

Generally, no. However, there is a limited exception: if the attorney did not know — and could not reasonably have known — that the donor had died, any actions taken in good faith during that period are legally protected. This might apply, for example, if the attorney paid a bill on the day the donor died, before learning of the death.

Once the attorney knows the donor has died, they must stop acting immediately. Any actions taken after that point are not covered by the LPA.

What happens if an attorney dies?

If an attorney dies, the effect depends on how many attorneys were appointed and whether there are replacement attorneys:

If there are replacement attorneys — a replacement attorney automatically steps into the role of the attorney who has died. This happens without any need for a new LPA or court application.
If attorneys were appointed jointly and severally — the remaining attorneys can continue to act independently.
If attorneys were appointed jointly — the LPA may fail entirely unless there are replacement attorneys, because joint attorneys must all act together.
If there was only one attorney and no replacements — the LPA can no longer be used. The donor should create a new LPA (if they have capacity) or a deputyship application may be needed.

This is why appointing replacement attorneys is so strongly recommended.

Does an LPA affect probate?

An LPA and probate are separate processes. The LPA governs decisions during the donor's lifetime. Probate governs the distribution of the estate after death. However, the attorney's management of the donor's finances during their lifetime can affect what is in the estate.

The executor has the right to review the attorney's financial records to ensure the donor's money was managed properly. If there are concerns about mismanagement, the executor can raise them with the OPG or take legal action.

What if there is no will?

If the donor dies without a will (intestate), their estate is distributed according to the rules of intestacy. The LPA has no bearing on this — an LPA does not function as a will and cannot determine how assets are distributed after death.

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 need to set up an LPA — or replace one that has ended — start your free LPA questionnaire at myLPA Guide. Both LPA types cost £69, plus the OPG registration fee of £92 per document.

Notifying the OPG of a death

You can notify the OPG of the donor's death by writing to:

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Include the donor's full name, date of birth, the LPA reference number (if known), and a copy of the death certificate. The OPG will update their records and the LPA will be formally removed from the register.

What Happens to an LPA When Someone Dies?

What happens to an LPA when the donor dies?

What should the attorney do when the donor dies?

Can an attorney do anything after the donor dies?

What happens if an attorney dies?

Does an LPA affect probate?

What if there is no will?

Notifying the OPG of a death

Frequently Asked Questions

Does an LPA end when the donor dies?

What should I do as an attorney when the donor dies?

What happens if my attorney dies before me?

Can an executor review what the attorney did?

Does an LPA replace a will?

How do I notify the OPG of a death?

Related Articles

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

Replacement Attorneys Explained — When and Why You Need Them

LPA and Inheritance — What Attorneys Can and Cannot Do

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

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

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