How to Set Up a Lasting Power of Attorney in the UK

Setting up a Lasting Power of Attorney isn’t something most people think about until they have to. Yet it’s one of the most important legal steps you can take to protect your future and your loved ones.

The thing is, loads of people think LPAs are just for elderly folks or those with serious health conditions. But here's the truth: life throws curveballs when you least expect them. Having an LPA in place means you're not leaving your loved ones scrambling to figure out what you'd want if something unexpected happens.

Plus, setting one up in the UK isn't nearly as complicated as you might think. So grab a cuppa, get comfortable, and let's walk through everything you need to know about creating your own Lasting Power of Attorney.

What Is A Lasting Power Of Attorney

A Lasting Power of Attorney is essentially a legal document that lets you appoint someone you trust to make decisions on your behalf. Think of it as your backup plan; you're choosing people (called attorneys) who can step in and handle things if you're not able to make decisions yourself.

Now, there are two distinct types of LPA in the UK, and they cover different aspects of your life. You can set up one or both, depending on what feels right for your situation. The beauty of an LPA is that you're making these choices while you're still fully capable of deciding who you trust and what powers you want to give them.

Property And Financial Affairs LPA

This type covers everything to do with your money and property. Your attorneys can manage your bank accounts, pay your bills, sell your house if needed, and handle investments. What's particularly useful is that you can register this LPA and use it straight away if you want, perhaps you travel a lot or just find dealing with finances a bit overwhelming. Your attorneys can help while you're still perfectly capable of making decisions yourself.

The scope here is pretty broad. Your attorneys could handle anything from collecting your pension to filing your tax returns. Some people worry about giving someone this much control, but remember, you can set restrictions. You might say they can manage your current account but not touch your savings, or that they need to consult you on any transaction over £1,000.

Health And Welfare LPA

This one's all about your personal welfare and medical treatment. It only kicks in when you've lost mental capacity, so your attorneys can't start making health decisions for you while you're still able to make them yourself. They might decide things like where you live, what medical treatment you receive, or what you eat day-to-day.

One of the biggest decisions here is whether to give your attorneys the power to make life-sustaining treatment decisions. It's heavy stuff, but having someone you trust make these calls based on what they know you'd want can bring enormous peace of mind to both you and your family.

Who Can Make A Lasting Power Of Attorney

Not everyone can set up an LPA. There are some basic requirements you need to meet. The good news is that most adults in the UK tick all the boxes without any issues.

Mental Capacity Requirements

First and foremost, you need to have mental capacity when you make your LPA. This means you understand what an LPA is, why you might need one, and what powers you're giving to your attorneys. You also need to grasp the fact that your attorneys will be making decisions that could significantly impact your life.

The test for mental capacity isn't as intimidating as it sounds. You need to be able to understand the information relevant to the decision, retain that information long enough to make the decision, weigh up the pros and cons, and communicate your decision. If you're reading this article and following along, chances are you've got the capacity sorted.

Age And Residency Criteria

You must be 18 or over to make an LPA, simple as that. There's no upper age limit, which surprises some people. As for residency, you don't technically need to be a UK resident to make an LPA, but it only covers decisions made under the laws of England and Wales (Scotland and Northern Ireland have their own systems).

If you own property in England or Wales, or you're planning to move here, an LPA could still be relevant even if you're currently living abroad. Just bear in mind that the LPA might not be recognised in other countries, so if you've got assets elsewhere, you'll want to check what arrangements you need there too.

Choosing Your Attorneys

Selecting your attorneys is probably the most important decision you'll make in this whole process. These are the people who'll be speaking for you when you can't speak for yourself, so you want to get it right.

Your attorneys must be 18 or over and have mental capacity. For property and financial LPAs, they can't be bankrupt or subject to a debt relief order. Most people choose family members or close friends, but you could also appoint a professional, like a solicitor, though they'll charge for their time.

Think about who you trust implicitly, who knows you well enough to make decisions you'd be happy with, and who's organised enough to handle the responsibility.

Number Of Attorneys To Appoint

You can appoint just one attorney, but most people choose at least two. Having multiple attorneys provides a safety net; if one can't act for any reason, you've still got someone in place. There's no maximum number, but remember that too many cooks can spoil the broth. Three or four is usually plenty.

It's smart to think about replacement attorneys, too. These are backup options that step in if your original attorneys can't or won't act. Your daughter might be your first choice, but if something happens to her, having your son as a replacement means your LPA remains valid.

Joint Or Several Decision Making

When you've got multiple attorneys, you need to decide how they'll work together. 'Jointly' means they must all agree on every decision; this provides maximum oversight but can be impractical if one attorney is on holiday or temporarily uncontactable.

'Jointly and severally' means your attorneys can make decisions together or independently. This offers more flexibility and is often the practical choice for day-to-day decisions. You can also go for a mixed approach, maybe they act jointly for selling property, but can act separately for routine financial management.

Some people worry about attorneys disagreeing, and it does happen. You can include preferences and instructions in your LPA to guide them, but eventually, if you've chosen people who respect each other and have your best interests at heart, major conflicts are rare.

Step-by-Step Process To Create An LPA

Creating an LPA isn't as complex as you might fear. The government has actually made the process pretty straightforward, whether you prefer doing things online or with good old-fashioned paper forms.

Completing The Forms Online Or On Paper

You've got two options here. The online service at gov.uk is usually the quickest and cheapest route. It guides you through each section, checks for common mistakes, and you can save your progress and come back later. Once you're done online, you print the forms and move to the signing stage.

Paper forms are available if you're not comfortable with computers or prefer having everything physically in front of you. You can download them from the government website or ring up and request them by post. The forms are lengthy, we're talking about 20-30 pages, but don't let that put you off. Much of it is explanatory text and repeated sections for multiple attorneys.

Whichever route you choose, take your time. Read each section carefully, and don't be afraid to seek help if something's unclear. Trustwise Planning and other estate planning services can guide you through the forms if you're finding them overwhelming. A small mistake can delay registration by weeks, so it's worth getting it right the first time.

Getting Your LPA Witnessed And Signed

Once your forms are complete, it's signing time, and this bit's essential. There's a specific order for signatures, and everyone must sign in front of witnesses. You sign first, then your attorneys, then any replacement attorneys, and finally your certificate provider.

Your signature and your attorneys' signatures need to be witnessed. The witness must be 18 or over and can't be one of your attorneys. For practical purposes, you don't all need to be in the same room; you can sign on different days with different witnesses.

Certificate Provider Requirements

The certificate provider is someone who confirms you understand what you're doing and aren't being pressured. They're a safeguard in the system, and you can't skip this step.

You've got two options for who can be your certificate provider. Either someone you've known personally for at least two years (not a family member or attorney), or a professional like a GP, solicitor, or social worker. The personal route is usually easier and cheaper, maybe ask a long-standing friend or neighbour.

Your certificate provider needs to have a proper chat with you about the LPA. They're checking you understand what powers you're giving and that you're making this decision freely. They'll then complete their section of the form, confirming they're happy everything's above board.

Registering Your LPA With The Office Of The Public Guardian

Your LPA isn't valid until it's registered with the Office of the Public Guardian (OPG). Think of registration as the official stamp of approval; it's when your LPA becomes a legal document that attorneys can actually use.

Before sending off your forms, double-check everything. Are all the signatures in the right places? Have you included all the pages? Is the certificate provider section complete? The OPG will return incomplete applications, and you'll lose time (though not your fee) having to resubmit.

Registration Fees And Processing Times

The registration fee is £82 per LPA if you apply online, or £85 for paper applications. So if you're doing both types of LPA, you're looking at £164-170. But, if you're on certain means-tested benefits or earn under £12,000 a year, you might get a 50% discount or even register for free.

Processing times vary, but you're typically looking at 8-10 weeks. The OPG will write to you and the attorneys named in your application, giving people a chance to raise any concerns. This might seem like ages when you're keen to get everything sorted, but remember, this document could govern really important decisions about your life, so proper checks are worthwhile.

What Happens After Registration

Once registered, the OPG will return your LPA with a stamp on every page. This is your official document; keep it somewhere safe but accessible. Many people keep the original in a fireproof safe or with their solicitor and have certified copies for practical use.

Your attorneys don't automatically get copies, so you'll need to sort that out yourself. Office copies from the OPG cost £13 each. Your attorneys will need to show the registered LPA (or an official copy) whenever they act on your behalf, so make sure they know where to find it.

The OPG also keeps a register, and certain people can check whether you have an LPA in place. This includes medical professionals treating you and anyone concerned about your welfare. It's a useful safeguard that helps prevent fraud while ensuring the right people know about your LPA when needed.

Conclusion

Setting up a Lasting Power of Attorney might feel like one of those grown-up tasks you'd rather put off, but you've seen it's really not that complicated. You're simply choosing people you trust, filling in some forms, and paying a registration fee. For the peace of mind it brings you and your family, that's a pretty good deal.

The key thing to remember is that an LPA is about maintaining control, not losing it. You're making decisions now about your future, rather than leaving those decisions to chance or the Court of Protection. And if you never need to use it? Brilliant, think of it like insurance you're glad you never claimed on.

Don't wait for the 'perfect time' to set up your LPA; there isn't one. Whether you do it yourself using the government's online service or get some professional help to guide you through, the important thing is to get it done while you can. Your future self and your loved ones will thank you for taking this step today.

Frequently Asked Questions

Who can witness a lasting power of attorney signature?

Any person aged 18 or over can witness your LPA signatures, except your appointed attorneys. You and your attorneys can use different witnesses and sign on different days. The witness simply confirms they saw you sign the document and must provide their name and address.

Can I change or cancel my lasting power of attorney after registration?

Yes, you can revoke your LPA at any time while you still have mental capacity. To cancel it, you must notify the Office of the Public Guardian in writing and inform your attorneys. Creating a new LPA to replace the old one requires going through the full registration process again.

How long does lasting power of attorney registration take in the UK?

Registration typically takes 8-10 weeks from when the Office of the Public Guardian receives your application. During this time, they'll write to you and your attorneys, allowing people to raise concerns. Urgent cases may be prioritised if you explain your circumstances, such as facing a serious illness.

What's the difference between a lasting power of attorney and an ordinary power of attorney?

A lasting power of attorney remains valid if you lose mental capacity, while an ordinary power of attorney automatically ends if you become unable to make decisions. LPAs must be registered with the Office of the Public Guardian, whereas ordinary powers of attorney don't require registration but offer less long-term protection.