How do I make a Lasting power of attorney?

You don’t have to get legal advice, or use a solicitor, to make an LPA. Many people find that they can complete the form without legal help. However, an LPA is an important legal document that when needed, gives someone a lot of authority. This means it can be a good idea to speak with a legal adviser who has experience of preparing LPAs.

Both forms include guidance notes which are very useful. You should read these carefully. If you do get legal advice, make sure to ask for a clear indication of the cost at the start.

1. Fill out the LPA form

To make a Lasting power of attorney (LPA) you will need to complete a form. There are separate forms for the two different types. 

You can choose to fill in a paper copy or fill it out online via the Office of the Public Guardian (OPG) online tool. You can also to download the forms here or contact the OPG to ask them to send you the form/s.

A paper copy of the completed form needs to be signed in ink by everybody involved. Even if you fill it out online, you have to print it out for signing. At the moment, it is not possible to do the whole thing electronically.

2. Sign the LPA form (with a witness)

Once you have completed the LPA form, you will need to sign it. Someone will also need to witness you signing it. There is guidance on the form about who can be a witness.

You then need someone to sign it to confirm that:

• they have discussed the LPA with you and you understand
• what you are doing you are not being forced to make the LPA.

There is a section on the application form for them to sign, and the person who signs this part is called the ‘certificate provider’. Being a certificate provider is a very important role. They can be:

• A professional, such as your doctor, social worker or a solicitor, OR
• Someone who has known you personally for at least two years, but is independent. This means they cannot be a family member or an attorney or someone who could benefit from the LPA (there is more information about this in the guidance notes that go with the LPA forms). For example, you might ask a friend, neighbour or colleague.

Each attorney (and any replacement attorney) must also sign the form to say that they agree to act as your attorney if needed in the future, and that they understand the duties this involves. Their signatures also need to be witnessed.

3. Register your LPA form with the Office of Public Guardian

When you have completed an LPA form, you will need to register it with the OPG before it can be used. Some people choose to wait to register the form, and there is at present no set timescale for when it must be registered. However, it can be reassuring to get it registered so that you know it is valid.

It is also important to note that if there are mistakes on the form, it can’t be registered. If this is only found out later, when you no longer have the capacity to make an LPA, you can’t make a new one. This is another reason why it can be a good idea to register it right away.

It currently takes an average of 8–10 weeks for the form to be registered. Many people find it helpful to register the LPA straight away, so that it’s ready if it is needed.

Registration fees

There is a fee for registering each LPA. So if you are registering a property and financial affairs LPA and a health and welfare LPA, you will have to pay twice. If you are on certain benefits or a low income, you may be able to pay less or not at all. The OPG can offer advice about this.

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) is set up to protect people in England and Wales who lack the mental capacity to make certain decisions for themselves.

It is responsible for registering Lasting powers of attorney (LPAs) and Enduring powers of attorney (EPAs). The OPG keeps a record of all of them, and deals with objections to the appointment of attorneys. 

There is also a contact centre that can help answer any questions you have – for example, how to get an LPA form or get help with completing one. It can also help with queries from attorneys about their role. However, they cannot provide legal advice.

What does the OPG do if there is a problem with my LPA?

The OPG deals with any issues or complaints about the way an attorney is acting. If they find any serious problems, they may pass the case on to the Court of Protection, who can:

• decide whether a person with dementia has capacity to make particular decisions for themselves
• make decisions on either financial or health and welfare issues, where someone does not have capacity to decide for themselves
• decide whether an LPA or EPA is valid
• remove attorneys who don’t carry out their duties
• listen to cases where someone objects to the registering of an LPA or EPA. Someone may object, for example, if they feel that the person was forced into making an LPA or EPA, or that the proposed attorney is not suitable.

The OPG has a dedicated team for safeguarding (protecting people). They deal with cases of suspected abuse of a person who has made an LPA or EPA, and other concerns about how attorneys are acting.

The OPG’s safeguarding team also works with other organisations, such as local authorities, the NHS and the police. They have a phone number you can call to report any concerns.