Lasting powers of attorney

You cannot create an LPA for someone else.

If you want to make or be involved in decisions for someone else, you can:

• arrange an assessment of their mental capacity 
• apply to become their deputy if they do not have mental capacity to make an LPA

There are 2 types of LPA.

You can have just 1 type of LPA or apply for both separately. 

Health and welfare LPA

You can give people you trust the power to make decisions about things like:

• your daily routine
• moving into a care home
• medical care
• life-sustaining treatment

This type of LPA can only be used when you’re unable to make your own decisions. This is called losing mental capacity.

Property and financial affairs LPA 

You can give people you trust the power to make decisions about your money and property, for example:

• managing a bank or building society account
• paying bills
• managing benefits or a pension
• selling your home

You can choose for your attorneys to use this:

• as soon as it’s registered
• or only if you’re unable to make decisions yourself

When you create an LPA, you are called the 'donor'.

It can be difficult to think about the future and what might happen if you ever need help to make decisions. But some people find that planning for it gives them some control and comfort.

Remember that the people you choose to help you (your attorneys) must always act in your best interest and follow what you say in your LPA.

Choosing attorneys

The people you name to help you are called your 'attorneys'. You can have several if you wish. You can choose how they make decisions and act on your behalf.

Your attorneys should be people you trust. They could be family or friends. They do not need to have any legal experience.

Who can be an attorney (GOV.UK)

You can also choose replacement attorneys when you create your LPA. They will step in if an original attorney can no longer act for you.

Choosing a certificate provider

You'll need another person who can witness you sign the LPA. They are called your 'certificate provider'. This can be a family member, friend or a professional like a solicitor. This cannot be one of your attorneys or replacement attorneys.

Creating your LPA

You can create an LPA online using the GOV.UK service, and apply for it to be registered yourself. Or you can download forms and apply by post.

You do not have to get legal advice to create an LPA, but it may help if you have complex finances or care needs.

Registering your LPA

The Office of the Public Guardian (OPG) checks your LPA before they register it. It's important to make sure that all the details are correct and you're happy with it before applying to register. If there are any mistakes or you need to make changes, you'll need to pay again.

It takes up to 20 weeks to register an LPA if there are no mistakes.

Register an LPA (GOV.UK)

Decisions your attorneys can make

You can say which decisions your attorneys can and cannot make. You can write these in a section of the LPA called 'restrictions and conditions'.

Your attorneys must always act in your best interest and follow what you say in your LPA.

See a list of how attorneys must act in your best interest (Mind)

If you have more than 1 attorney, you must choose how your attorneys make decisions. You can say that they:

• must make all decisions together, no matter how big or small
• or can make decisions on their own
• or must make some decisions together, but can make others on their own

Your attorneys must show your LPA document or a certified copy every time they deal with an organisation on your behalf. For example, at the bank.

Removing an attorney

You can ask the OPG to remove an attorney if all the following apply:

• your LPA is registered
• you have more than 1 attorney
• you still have mental capacity

This is called a ‘partial deed of revocation’.

Remove an attorney from your LPA (GOV.UK)

Adding an attorney

You cannot add a new attorney if your LPA is registered. You’ll need to end your LPA and create another.

Having mental capacity means that you can make decisions for yourself.

You cannot create an LPA if you do not have mental capacity. Instead, someone would need to apply to become your deputy. 

Sometimes losing mental capacity is temporary. For example, if you become unconscious. Other times, it can be permanent or something that gets worse over time. For example, if you have a condition like Alzheimer's disease.

Losing mental capacity is not the same as being indecisive or making decisions other people think are unwise.  

How mental capacity is assessed.