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📜 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 verified: 25 September 2026 📚 Sources: listed at the end, each checked on the date shown 🇬🇧 England and Wales

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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

Scotland or Northern Ireland: see the Scotland guide or the Northern Ireland guide.
Wills, inheritance and what happens when someone dies: this guide does not cover them. Ask a solicitor or Citizens Advice.
Advance decisions to refuse treatment and DNACPR decisions: this guide does not cover them. Ask the GP or a solicitor.
How to fill in a deputy application, Court of Protection fees and how deputies are supervised: this guide names the route only. Ask the Office of the Public Guardian or a solicitor.
An ordinary power of attorney for a short time, for example while you are abroad: this guide does not cover it. Ask a solicitor.
Care needs assessments and paying for care: use the social care checker.

⚖ 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.

The questions that decide the answer

Where are the person and their property? England or Wales: this guide. An LPA is legally binding only in England and Wales.
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).
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".
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

Health and welfare LPA: for decisions such as your daily routine (washing, dressing, eating), medical care, moving into a care home and life-sustaining treatment. It can only be used when you are unable to make your own decisions.
Property and financial affairs LPA: for decisions such as managing a bank or building society account, paying bills, collecting benefits or a pension and selling your home. It can be used as soon as it is registered, with your permission.

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

The person making the LPA (the donor) must be 18 or over and have mental capacity when they make it. They do not need to live in the UK or be a British citizen.
An attorney must be 18 or over and have mental capacity. It can be a relative, a friend, a husband, wife or partner, or a professional such as a solicitor.
You cannot choose someone who is bankrupt or subject to a Debt Relief Order as an attorney for a property and financial affairs LPA.
With more than one attorney, you decide whether they act jointly (all must agree), jointly and severally (each can decide alone or with the others), or jointly for some decisions and jointly and severally for others.
You can name replacement attorneys to take over if an attorney can no longer act.

Making the LPA

You can use the GOV.UK online service or the paper forms. With the online service you still print the forms and sign them.
The forms are signed by you, your attorneys, witnesses and a certificate provider. The certificate provider confirms you are making the LPA by choice and understand what you are doing.
Everyone signs the same original document. Copies and digital signatures cannot be used.
Witnesses and certificate providers must be 18 or over. An attorney cannot witness your signature or be your certificate provider. You cannot be a witness yourself.

Registering the LPA

An attorney cannot make decisions for you until the LPA is registered with the OPG.
You can apply to register it yourself while you can make your own decisions. Your attorney can also apply to register it; you will be told and can object.
Before registering, send form LP3 to each "person to notify" named in the LPA. They have 3 weeks to raise concerns with the OPG.
It takes 8 to 10 weeks to register an LPA if there are no mistakes in the application.
If there is a mistake, depending on the type of mistake, the OPG may let you correct it and apply again within 3 months for £46.

Money figures

Applying to register an LPA costs £92. Registering both types costs £184 in total. This fee applies to applications received by the OPG from 17 November 2025.
If the donor's income before tax is less than £12,000 a year, they may pay half (a 50% remission).
If the donor gets certain means-tested benefits, they may pay nothing (an exemption). From 2 February 2026 a donor on Universal Credit is assessed for a remission, not an exemption.
Apply for a reduction or exemption on form LPA120, which lists the benefits and the proof needed.

Enduring powers of attorney (made before October 2007)

Only an enduring power of attorney (EPA) made and signed before 1 October 2007 can still be used. After that date people had to make an LPA instead.
An EPA covers the donor's property and money. The attorney can use it at any time if it is legal and the donor gives permission.
When an attorney has reason to believe the donor is, or is becoming, mentally incapable, the attorney must apply to the OPG to register the EPA as soon as practicable.

If there is no power of attorney

If someone lacks mental capacity and has no LPA or EPA, you can apply to the Court of Protection to become their deputy. You must be 18 or over.
There are 2 types of deputy: a property and financial affairs deputy and a personal welfare deputy.
For a single important decision, you can apply to the Court of Protection for a one-off order instead.
If you only need to look after someone's benefits, you do not need to be a deputy: apply to become their appointee.
If the person already has an LPA or EPA, they do not usually need a deputy. Check before you apply.

Worried about an attorney

The OPG looks into concerns about attorneys under a registered LPA or EPA and about deputies, for example money being misused or decisions not in the person's best interests.
Anyone can report a concern, and you do not need proof. The OPG will not tell the attorney who made the report.
The OPG can only investigate when the person having decisions made for them cannot deal with the issue themselves.
Report online, by email to opg.safeguardingunit@publicguardian.gov.uk or by phone. Call 999 if someone is in immediate danger, and contact the police if you think a crime has been committed. Local adult social services deal with care or safeguarding concerns.

Deadlines

People to notify: 3 weeks to raise a concern with the OPG.
Registration by the OPG: about 8 to 10 weeks when the application has no mistakes.
A corrected application after a mistake: within 3 months.

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

An unregistered LPA cannot be used, even if everyone has signed it.
A health and welfare LPA cannot be used while you can still make the decision yourself.
Being next of kin, a husband, wife or partner does not by itself let you run someone's bank account or make decisions for them: that needs an LPA, an EPA, a deputyship or, for benefits only, an appointeeship.
An LPA made in England and Wales is legally binding only there. Scotland and Northern Ireland have their own rules.

📜 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, verified v276).

⚠ 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.

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

💬 Check your own situation

Who this guide is for

What this guide does not cover

⚖ At a glance

The questions that decide the answer

The two types of LPA

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

Traps

📜 Sources (checked 25 September 2026)

Comments

Found this helpful?

⚖ Important — Please Read Before Continuing

1. This is guidance — and only ever guidance

2. AI can make mistakes

3. Verified figures and guidance sources

4. What happens to what you type

5. Your responsibility

6. Useful Official Resources

7. Scope of this service

Report an Issue

Share Your Feedback

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

💬 Check your own situation

Who this guide is for

What this guide does not cover

⚖ At a glance

The questions that decide the answer

The two types of LPA

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

Traps

📜 Sources (checked 25 September 2026)

Comments

Found this helpful?

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