📚 Guides All topics ❓ Help & FAQ How it works 📅 Key Dates Know your deadlines 📰 News Latest law changes 📞 Helplines Free support numbers 📋 Toolbox Talks H&S topics

Report an Issue

Tell us what went wrong and we'll look into it. We'll be in touch as soon as we can.

Your name and email will only be used to respond to your report. See our Privacy Policy.

Share Your Feedback

Good or bad, we'd love to hear what you think. No strings attached.

Your feedback helps us make the site better for everyone. See our Privacy Policy.

Power of Attorney Guide

How Do I Make and Register a Power of Attorney in England or Wales?

The two types of LPA, choosing attorneys, signing and registering with the Office of the Public Guardian, the £92 fee, deputies and what to do if you are worried about an attorney.

Last reviewed: 25 September 2026 Sources: listed at the end, each checked on the date shown England and Wales

Who this guide is for

People in England or Wales who want to make or register a lasting power of attorney (LPA), attorneys, and people worried about someone who can no longer make their own decisions.

What this guide does not cover

At a glance

  • England and Wales have 2 types of LPA: health and welfare, and property and financial affairs. You can make one type or both.
  • You can only make an LPA while you are 18 or over and able to make your own decisions.
  • Nobody can use an LPA as an attorney until the Office of the Public Guardian (OPG) has registered it.
  • Registration fee: £92 for each LPA (£184 for both), unless the donor gets a reduction or exemption.
  • If someone has lost capacity and has no LPA or enduring power of attorney, a relative or friend may need to apply to the Court of Protection to become their deputy.

What the rules depend on

  1. Where are the person and their property? England or Wales: this guide. An LPA is legally binding only in England and Wales.
  2. Can the person still make their own decisions? Yes: they can make an LPA now. No: it is too late to make one, and a deputy may be needed (see below).
  3. Is there already a registered LPA, or an enduring power of attorney made before 1 October 2007? Yes: the attorney acts under it, within its limits. No: see "If there is no power of attorney".
  4. Which decisions? Money and property: a property and financial affairs LPA. Health, care and where the person lives: a health and welfare LPA.

The two types of LPA

A health and welfare attorney can only give or refuse consent to life-sustaining treatment if the LPA expressly says so.

Who can make an LPA and who can be an attorney

Making the LPA

Registering the LPA

Money figures

Enduring powers of attorney (made before October 2007)

If there is no power of attorney

Worried about an attorney

Deadlines

Where to go for help

Office of the Public Guardian: 0300 456 0300 (Monday, Tuesday, Thursday and Friday 9am to 5pm, Wednesday 10am to 5pm), customerservices@publicguardian.gov.uk. For help deciding whether to make an LPA, help with the forms, or to report a concern.

Citizens Advice (England): 0800 144 8848

Citizens Advice (Wales): 0800 702 2020

Traps

Sources (checked 25 September 2026)

  • GOV.UK: Make, register or end a lasting power of attorney - Overview, Choose your attorney, Make a lasting power of attorney, Register a lasting power of attorney (2 types; 18 or over with mental capacity; binding only in England and Wales; attorneys 18 or over, not bankrupt or under a DRO for a property LPA; jointly / jointly and severally; replacements; print and sign the same original, no digital signatures; witnesses and certificate providers 18 or over; LP3 and 3 weeks; 8 to 10 weeks; £92, £184 for both; reduction under £12,000; correct and reapply within 3 months for £46; OPG 0300 456 0300); read 25 Sep 2026.
  • GOV.UK news: Changes to lasting power of attorney fees 2025 (£92 for applications received by OPG from 17 November 2025) and GOV.UK form LPA120 page (50% remission under £12,000; exemption on certain means-tested benefits; from 2 February 2026 Universal Credit assessed for remission, not exemption); read 25 Sep 2026.
  • legislation.gov.uk: Mental Capacity Act 2005 section 11(7) and (8) (life-sustaining treatment only with express provision) and Schedule 4 paragraph 4 (EPA attorney must apply to register as soon as practicable when the donor is or is becoming mentally incapable); read 25 Sep 2026.
  • GOV.UK: Enduring power of attorney: acting as an attorney (only EPAs made and signed before 1 October 2007; use with the donor's permission); read 25 Sep 2026.
  • GOV.UK: Deputies: make decisions for someone who lacks capacity (Court of Protection; 2 types; 18 or over; one-off order; appointee for benefits; not usually needed with an LPA or EPA; Scotland guardianship, Northern Ireland controller); read 25 Sep 2026.
  • GOV.UK: Report a concern about an attorney, deputy or guardian and OPG guidance Report a concern (anyone can report, no proof needed, OPG will not say who reported, only where the person lacks capacity on the issue; 999 and police; adult social services); read 25 Sep 2026.
  • GOV.UK: Get free debt advice (Citizens Advice England 0800 144 8848 and Wales 0800 702 2020).
Important disclaimer: This guide covers lasting powers of attorney in England and Wales as at 25 September 2026. General legal information only, not legal advice. ukworkrights.co.uk, Not a law firm.

Comments

Comments are loading…