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Lasting Power of Attorney Solicitors

An LPA has to be in place before you need it. Once you lose mental capacity, it is too late — and the Court of Protection process that replaces it is expensive, slow, and invasive.

A Lasting Power of Attorney (LPA) is a legal document that authorises a person you choose — your attorney — to make decisions on your behalf if you become unable to make them yourself. There are two types: one covering property and financial affairs, another covering health and welfare. Both must be registered with the Office of the Public Guardian before they can be used. A solicitor ensures the document is correctly drafted, the right safeguards are included, and registration is completed without delay.

Property & financial affairs LPA Health & welfare LPA Registered with Office of the Public Guardian Free initial consultation

LPA Types & How They Work

Lasting Powers of Attorney — what they cover and why registration matters.

An LPA is only valid if it is correctly drafted, signed by the donor in the presence of a certificate provider, signed by the attorney, and registered with the OPG. A solicitor ensures every requirement is satisfied — and the document can be used when it is needed.

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Property and financial affairs LPA

A property and financial affairs LPA authorises the attorney to manage the donor's finances — bank accounts, investments, property transactions, benefits, and tax affairs. Unlike a health and welfare LPA, it can be used while the donor still has capacity (if the donor specifies this). It is often used in practice by people who have capacity but need help managing day-to-day finances — for example during a period of illness or absence. A solicitor will advise on the scope of the attorney's authority and the restrictions the donor may wish to include.

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Health and welfare LPA

A health and welfare LPA authorises the attorney to make decisions about the donor's medical treatment, care arrangements, and day-to-day welfare — including where the donor lives and what medical treatment they receive. It can only be used once the donor lacks mental capacity to make the relevant decision. Crucially, it can include a specific authority for the attorney to make decisions about life-sustaining treatment — without this authority, the attorney cannot refuse or consent to treatment on the donor's behalf. A solicitor will ensure this authority is included where the donor wishes it.

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Safeguards against abuse

The LPA must include a certificate provider — a person who certifies that the donor understands the document and is not being pressured into signing it. The certificate provider cannot be a family member, close friend, or business associate of either the donor or attorney. A solicitor can act as certificate provider — and their involvement in the drafting means the safeguard is genuinely effective, not just a formality. The OPG can investigate concerns about an attorney's conduct after the LPA is registered.

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Restrictions and guidance for attorneys

An LPA can include specific restrictions on the attorney's authority — for example, requiring two attorneys to sign financial transactions above a specified amount, or restricting sale of particular assets. It can also include guidance — not legally binding but stating the donor's wishes on how the attorney should act. A solicitor will advise on what restrictions and guidance are appropriate for the donor's specific circumstances and family situation.

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Registration with the OPG

An LPA must be registered with the Office of the Public Guardian before it can be used. Registration requires the LPA to be submitted with the registration fee (currently £82 per LPA; fee exemptions and reductions apply for low-income donors). Processing currently takes 4–8 weeks. The registered LPA is returned to the donor, who keeps the original — the attorney uses a certified copy. A solicitor will manage the registration process and ensure the registered document is correctly stored and certified for use.

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What happens without an LPA

If a person loses mental capacity without a registered LPA in place, no one — not even a spouse or adult child — automatically has authority to manage their finances or make care decisions. The only way to obtain that authority is by applying to the Court of Protection for a deputyship order — a process that typically takes 6–9 months, costs significantly more than an LPA, and subjects the deputy to ongoing reporting requirements to the OPG. An LPA made and registered while the donor has capacity avoids this entirely.

How It Works

An LPA can only be made while you have mental capacity. There is no urgent window — but there is no later option if you wait too long.

A solicitor will draft both LPAs, act as certificate provider, manage the OPG registration, and return the registered documents — typically within 2 months of instructions.

Submit Your Request
1

Tell us what you need

Describe whether you want one or both LPAs, who your chosen attorneys are, and any restrictions you want to include.

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Solicitor drafts and registers

A solicitor drafts the LPA, acts as certificate provider, signs with you, and submits the registration to the OPG.

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Free initial consultation

You receive clear advice on the LPA options, the scope of attorney authority, and the registration process — at no cost.

Free Initial Consultation

Waiting until capacity becomes uncertain means waiting too long. An LPA must be made while you still have it.

Get specialist LPA advice — and put the right people in control before circumstances force the Court of Protection to do it for you.

Set Up My LPA

Common Questions

Lasting Powers of Attorney — what people ask us.

Can I make an LPA myself without a solicitor?

Yes — the OPG provides a free online service and paper forms for making an LPA. However, the most common reason for LPA errors and subsequent OPG rejection is failure to complete the forms correctly — incorrect signing order, certificate provider issues, or unsigned sections. A rejected LPA has to be resubmitted with the registration fee again. A solicitor ensures the LPA is correctly drafted and executed at the first attempt — and acts as certificate provider, removing the need for the donor to find one independently.

Can I appoint more than one attorney?

Yes — and the LPA specifies whether the attorneys act jointly (all must agree every decision), jointly and severally (either can act independently), or jointly for some decisions and jointly and severally for others. Jointly is more protective but less practical. Jointly and severally is more flexible and allows one attorney to act if the other is unavailable. A solicitor will advise on the most appropriate arrangement for the donor's situation and the relationship between the proposed attorneys.

My parent has dementia. Is it too late to make an LPA?

It depends on the level of remaining capacity. The Mental Capacity Act test is decision-specific — a person may have capacity to make some decisions but not others, or may have capacity on some days and not others. The key question for an LPA is whether the person understands what they are signing, who they are appointing, and the effect of the appointment. If there is doubt, a GP or capacity assessment may be needed to confirm. A solicitor will assess the position and advise on whether an LPA can still be made — or whether a deputyship application is the appropriate route.

Does my attorney have to be a professional?

No — an attorney can be anyone aged 18 or over who has mental capacity and (for a financial affairs LPA) has not been declared bankrupt. Most people appoint a spouse, adult child, or close friend. However, there are real practical risks if the attorney lacks financial literacy or objectivity — or where the attorney is also a beneficiary under the will. A solicitor can be appointed as attorney where the donor prefers professional management, and can advise on whether a professional attorney is appropriate in a given situation.

Can an LPA be challenged or revoked?

Yes — a donor who retains mental capacity can revoke an LPA at any time by notifying the OPG. Once revoked, the LPA is cancelled and the attorney can no longer act. The OPG can also investigate concerns about attorney misconduct and apply to the Court of Protection for suspension or removal of an attorney. Where a beneficiary or family member believes an attorney is acting contrary to the donor's interests — misusing funds, making decisions the donor would not have wanted — a solicitor can advise on making a formal concern to the OPG and the steps available through the Court of Protection.

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