Lasting Power of Attorney FAQs
Straightforward answers to the questions people ask us most about making, signing, and registering an LPA in England and Wales.
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.
Who can be my attorney?
Your attorney must be 18 or over and have mental capacity to make decisions. For a Property and Financial Affairs LPA they must not be bankrupt or subject to a Debt Relief Order. Many people choose a spouse, adult child, sibling, or trusted friend.
You can appoint more than one attorney and decide whether they must act together (jointly) on every decision, or separately (jointly and severally). "Jointly and severally" is the most flexible choice for most families because any one attorney can act if the others are unavailable. You can also name replacement attorneys to step in if an original attorney can no longer act.
When can my attorneys start using the LPA?
A Property and Financial Affairs LPA can be used as soon as it is registered — with your permission — or you can restrict it to only when you lose mental capacity. A Health and Welfare LPA can only ever be used once you lack the capacity to make the decision yourself.
You choose this when you make the LPA. Allowing your Property LPA to be used while you still have capacity is useful if, for example, you are in hospital and need someone to pay your bills. Your attorneys must always act in your best interests and follow the principles of the Mental Capacity Act 2005.
What is the difference between an LPA and a will?
A Lasting Power of Attorney covers decisions made while you are alive but unable to make them yourself. A will only takes effect after you die. They do completely different jobs, and most people need both.
An LPA stops being valid the moment you die — at that point your will and your executors take over. Having one does not replace the need for the other. If you lose capacity without an LPA, no will can help your family manage your affairs; they would have to apply to the Court of Protection instead.
Can I cancel or change my LPA?
Yes. As long as you still have mental capacity, you can cancel (revoke) your LPA at any time by sending a written deed of revocation to the Office of the Public Guardian. You can also make a new LPA that replaces an old one.
You cannot simply edit a registered LPA — to change attorneys or instructions you generally need to revoke it and make a fresh one. This is why it is worth taking care over your choices at the outset. If you lose capacity, the LPA can no longer be changed, which is exactly why it keeps working when you need it most.
Do I need both types of LPA?
You do not have to make both, but most people do. A Property and Financial Affairs LPA and a Health and Welfare LPA cover very different parts of your life, and a gap in either can leave your family unable to act.
Without a Health and Welfare LPA, decisions about your care and medical treatment may fall to professionals who do not know your wishes. Without a Property and Financial Affairs LPA, no one can pay your bills, manage your bank accounts, or deal with your home. Making both gives your family the full picture.
What happens if I lose mental capacity without an LPA?
Your family cannot automatically take over. They would need to apply to the Court of Protection to be appointed as your deputy — a process that typically costs far more than an LPA, takes many months, and involves ongoing supervision fees.
A deputyship is more expensive and more restrictive than an LPA, and the court — not you — decides who is appointed and what they can do. Putting an LPA in place while you are well avoids all of this. It is one of the main reasons people are encouraged to make an LPA long before they think they will need it.
Is my information kept private and secure?
Yes. We use bank-grade encryption, never sell your data, and only use the details you provide to prepare your LPA documents. You can ask us to delete your data at any time.
We are registered with the Information Commissioner’s Office and handle your personal information in line with UK GDPR and the Data Protection Act 2018. Your answers are stored securely and are only ever used to generate and check your forms. See our Privacy Policy for full details.
Related guides
Still have a question?
Start your free LPA and we'll guide you through every question in plain English — or email us at help@mylpaguide.co.uk.
Start Your Free LPA