Wills and Trusts

Lasting power of attorney

Choose who acts for you if you cannot. Drafted, checked, signed in the right order and registered with the Office of the Public Guardian, on a fixed fee in writing.

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A lasting power of attorney is a registered legal document in which you appoint one or more people to make decisions for you if you lose the mental capacity to make them yourself, about property and money or about health and welfare. Property Law Online prepares and registers both types on a fixed fee across England and Wales.

Why instruct us

  • Fee agreed in writing before we start
  • Covering England and Wales

What does a lasting power of attorney include?

Two types, each a separate document with its own form and its own registration. You can make one or both. Everything below is done for each one you make.

  • Advice on attorneys and how they act

    Who to appoint, whether they act jointly (all must agree) or jointly and severally (any one can act), replacement attorneys, and what happens if one dies or loses capacity.

  • Instructions and preferences

    The binding instructions and non-binding preferences that shape how your attorneys act. On gifts, investments, care at home, or a share of the home.

  • The forms, completed

    LP1F for property and financial affairs, LP1H for health and welfare, filled in and checked so they are not returned by the Office of the Public Guardian.

  • Certificate provider

    An independent person confirms you understand the LPA and are under no pressure. We can act as certificate provider where we have met you, or guide a suitable person you choose.

  • Signing in the correct order

    You, then the certificate provider, then each attorney, each signature witnessed. We supervise the order, because a mis-sequenced LPA is rejected.

  • Registration and certified copies

    Lodged with the Office of the Public Guardian, the people to be told notified, and certified copies supplied for banks and HM Land Registry once registered.

Who needs a lasting power of attorney?

Without an LPA, nobody, not a spouse, not an adult child, not a joint owner, can sell your house, run your accounts or decide your care if you lose capacity. The alternative is an application to the Court of Protection for a deputyship, which takes many months and costs a great deal more. An LPA can only be made while you still have capacity, so the time to make one is before it is needed.

Anyone who owns a home
If you lose capacity, your house cannot be sold, let or remortgaged by anyone, including a joint owner, without an LPA or a court order.
Couples who own jointly
A joint owner cannot act alone. If one of you loses capacity, the other cannot sell or downsize without an LPA in place for the person who cannot sign. Each of you needs your own.
People planning for later life
An LPA can only be made while you have capacity. Once a diagnosis arrives it may be too late, and the only route then is the Court of Protection.
Anyone with an old enduring power of attorney
An EPA made before 1 October 2007 remains valid for property and finances, but must be registered once capacity starts to fail and cannot cover health decisions. No new one could be made after 1 October 2007, when the Enduring Powers of Attorney Act 1985 was repealed and Schedule 4 to the Mental Capacity Act 2005 took over; the attorney must apply to register as soon as practicable once they have reason to believe the donor is or is becoming mentally incapable (checked 20 September 2026). A health and welfare LPA can be added alongside it.
Business owners and landlords
Rent, tenants, contracts and business accounts all stop if nobody can sign. A financial LPA, sometimes a separate one for the business, keeps them running.
Not right for
Anyone who has already lost capacity, for whom the route is a deputyship application to the Court of Protection, and anyone wanting to give a one-off authority for a single transaction, which is a general or specific power of attorney rather than a lasting one. We tell you which applies.

Which LPA do I need?

There are two types, and they do different jobs. Two questions tell you which you need.

What do you want your attorney to be able to do?
When should they be able to act?

Answer both and we tell you which LPA, or both.

How is a lasting power of attorney made and registered?

Four stages. The signing order matters, because an LPA signed in the wrong order is rejected by the Office of the Public Guardian.

  1. Choose attorneys and decisions

    Who acts, how they act together, who replaces them, and any instructions or preferences. We take your instructions by call or questionnaire and explain the options in plain English.

    Week 1

  2. Forms and certificate provider

    LP1F and/or LP1H completed and sent to you for checking, with the certificate provider identified and briefed on their role under the Mental Capacity Act 2005.

    Week 1 to 2

  3. Signing in order

    You sign first, then the certificate provider, then the attorneys, each witnessed. The order matters and the dates must show it. We arrange a signing appointment or supervise it remotely.

    Week 2 to 3

  4. Registration

    The LPA is lodged with the Office of the Public Guardian with the registration fee. People named to be told are notified and have a short period to object. The registered LPA is returned and certified copies sent to you.

    GOV.UK publishes 8 to 10 weeks after lodging where there are no mistakes in the application (checked 26 September 2026)

What does a lasting power of attorney cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

An LPA is one fixed fee per document, quoted in writing before you instruct us, with our fee shown separately from the Office of the Public Guardian's registration fee. Tell us which type you need and whether one of you or both are making them, and we reply by email.

Usually covered by the professional fee

  • Advice on attorneys, replacements and how they act
  • Instructions and preferences drafted with you
  • LP1F and/or LP1H completed and checked
  • Certificate provider arranged or guided
  • Supervised signing and registration with the Office of the Public Guardian

Paid to others, passed on at cost

  • The Office of the Public Guardian's registration fee, charged per LPA and set by the OPG. The fee is 92 pounds for each power. A gross annual income of less than 12,000 pounds halves it to 46 pounds, and certain means tested benefits, including Guarantee Credit, Income Support, income based Jobseeker's Allowance, income related Employment and Support Allowance and Housing Benefit, remove it entirely; Universal Credit does not by itself, though it may qualify on income (GOV.UK power of attorney fees, updated 14 July 2026, checked 20 September 2026)
  • Certified copies beyond those included, if a bank wants more
  • Registration of an existing enduring power of attorney, quoted separately
  • A deputyship application, where capacity has already been lost

What can add to it: complex instructions, several attorneys with different roles, or a separate LPA for a business. Each is quoted before you instruct, never afterwards. A couple making two or four LPAs together is quoted as one figure for the set.

What happens if you lose capacity without an LPA?

  • Nobody can access your money

    Banks freeze sole accounts once they learn a customer lacks capacity. Joint accounts can be restricted too. Bills, care fees and the mortgage go unpaid until someone obtains authority from the Court of Protection.

  • The house cannot be sold

    Not by your spouse, not by your children, and not by a co-owner acting alone. If you need to move into care and the house must be sold to pay for it, the sale waits for a deputyship order, and no official timescale is published for one because it is a court application whose length depends on the court and on any objection.

  • The court chooses who acts, not you

    A deputy is appointed by the Court of Protection, which may or may not choose the person you would have picked. Deputies file annual reports, pay supervision fees and take out a security bond. It is more expensive and more intrusive than an LPA in almost every respect.

  • Health decisions are made by professionals

    Without a health and welfare LPA, doctors and social workers decide treatment and care in what they judge to be your best interests. Family are consulted but have no authority. If you want a particular person to decide, only an LPA gives them the right.

What is the difference between an LPA and a deputyship?

An LPA is made in advance, by you, while you have capacity. A deputyship is imposed afterwards, by the Court of Protection, once you do not. Both give someone authority to act for you; the differences are who chooses, how long it takes, what it costs and how much supervision follows.

The second route is worth being blunt about: a deputyship application is the expensive, slow way to arrive at a result that an LPA would have given you on your own terms.

Lasting power of attorneyDeputyship
Who decides who actsYouThe Court of Protection
When it is madeWhile you have capacityAfter capacity is lost
How long to obtainThe Office of the Public Guardian publishes a registration time of 8 to 10 weeks where there are no mistakes in the application, and the statutory four week waiting period under regulation 12 of the 2007 Regulations runs inside that time (checked 26 September 2026)No official timescale is published for a deputyship application
CostOne registration fee per LPAApplication fee, security bond, annual supervision fee and reports
Health and welfare decisionsYes, with a health and welfare LPARarely granted
Instructions and preferencesYou set themThe court sets the terms
Can it be cancelledBy you, while you have capacityOnly by the court

Can my attorney sell my house?

Under a registered property and financial affairs LPA, yes. The attorney signs the contract and the transfer in your name, and HM Land Registry accepts the transfer with a certified copy of the registered LPA and evidence that it has not been revoked. The attorney must act in your best interests and cannot sell to themselves, or at an undervalue, without the court's permission.

Jointly owned property has a twist. Where you own the house with your spouse and your spouse is also your attorney, they cannot act as both trustees at once. Section 7 of the Trustee Delegation Act 1999 provides that the two trustee requirement is not satisfied by a relevant attorney, meaning one who acts both as a trustee and as attorney for the other trustee, or as attorney for two or more trustees, and who is not acting together with anybody else. HM Land Registry puts the same point in Practice Guide 9, updated 25 November 2024, at section 4: a receipt for capital money will overreach beneficial interests only if an attorney acts with at least one other person. So a second person joins in, unless the sole trustee is a trust corporation, which section 27(2) of the Law of Property Act 1925 and section 7(2) both except (checked 20 September 2026). We build that into the LPA where a joint owner is being appointed, so it does not surface at the point of sale. Stamp Duty Land Tax in England, or Land Transaction Tax in Wales, is paid by the buyer as usual and is unaffected by the sale being made under an LPA.

In what order must an LPA be signed?

You sign first, and your signature is witnessed. The certificate provider signs next, confirming you understood the document and were under no pressure. The attorneys sign last, each witnessed, and each replacement attorney too. Every signature carries a date, and the dates must run in that order. That order is prescribed by regulation 9 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, and one signed out of sequence is very unlikely to be accepted, so in practice the document has to be executed again; the Public Guardian can overlook a difference that is immaterial, but the order of signing is not treated as one (checked 20 September 2026). The witness to your signature cannot be an attorney, and under regulation 9(8) you cannot witness any signature yourself, while an attorney may witness another attorney but not you. The certificate provider signs in the middle and their own signature needs no witness. We check all of it before anything is lodged.

How long does it take to register an LPA?

Two to three weeks to draft, certify and sign, then the Office of the Public Guardian's own processing time, which GOV.UK publishes as 8 to 10 weeks where there are no mistakes in the application (checked 26 September 2026). That published figure assumes a clean application; one that has to go back for correction starts the handling again, so treat it as a floor rather than a forecast. Two statutory periods sit inside it. The people you named to be told have three weeks from the date they are given notice to object, under regulation 14(2) of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. Separately, regulation 12 stops the Public Guardian registering until four weeks have run from the date it gave notice of the application. The LPA cannot be used at all until registration is complete, so it should be made well before it is needed.

What changes the timescale

  • How quickly you decide on attorneys and instructions
  • Whether the certificate provider and attorneys can sign promptly
  • Office of the Public Guardian processing times at the time of lodging
  • Whether the OPG raises a query on the forms, which our checking is designed to prevent

Frequently asked questions

Can I make an LPA myself?

Yes. The forms are published by the Office of the Public Guardian and can be completed online or on paper. The parts that cause rejections are the signing order, the choice of certificate provider, and instructions that conflict with how the attorneys were appointed, each of which leads to rejection or, worse, an LPA that does not do what you meant.

Can my spouse sell our house if I lose capacity?

Not without an LPA or a deputyship order, even if the house is in joint names. A joint owner cannot sign for the other. With a registered financial LPA appointing them, they can, though a second trustee may need to join in to give a valid receipt where they are both owner and attorney.

Can I appoint more than one attorney?

Yes. Attorneys can be appointed jointly, so every decision needs all of them, or jointly and severally, so any one can act alone. You can mix the two for different decisions. Replacement attorneys step in if an original cannot act. We explain the trade-offs before you choose.

Can my attorney use the LPA while I still have capacity?

A property and financial affairs LPA can, if you choose that option when you make it, so an attorney can help with practicalities. A health and welfare LPA can only ever be used once you lack capacity to make the particular decision yourself.

Can I cancel an LPA?

Yes, at any time while you have capacity, by a deed of revocation. The Office of the Public Guardian must be told and the registered document cancelled. You can also make a new LPA that replaces the old one. An attorney can disclaim their appointment in the same way.

Is my old enduring power of attorney still valid?

Yes, if it was made and signed before 1 October 2007, the date the Enduring Powers of Attorney Act 1985 was repealed and no new EPA could be made (checked 20 September 2026). It covers property and finances only and must be registered with the Office of the Public Guardian once you begin to lose capacity. You can keep the EPA and add a health and welfare LPA beside it.

What is a certificate provider?

An independent person who signs to confirm that you understand the LPA and are not being pressured into it. They must have known you personally for at least two years, or have the professional skill to judge it, such as a doctor, a solicitor or a social worker. Regulation 8(3) of the 2007 Regulations then rules out eight groups: your own family, an attorney under this power, an attorney under any other power of attorney you have made, a family member of an attorney, a director or employee of a trust corporation acting as attorney, a business partner or employee of yours or of an attorney, and the owner, director, manager or an employee of a care home you live in, or a family member of one of those (checked 20 September 2026).

Do I need both types of LPA?

You can make one or both. The financial LPA is the one that lets someone deal with your house, your bank and your bills. The welfare LPA is what decides care and treatment, and without it those decisions rest with professionals rather than your family.

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Written by the Property Law Online team

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