Power of attorney protects you and your loved ones. Describe your situation and get instant plain English guidance on setting one up or what to do when things go wrong.
A Lasting Power of Attorney (LPA) must be registered with the Office of the Public Guardian before it can be used. There are two types: Property and Financial Affairs, and Health and Welfare. Registration takes around 20 weeks.
An LPA can only be made while the person still has mental capacity. If capacity is lost without an LPA, a Deputyship Order from the Court of Protection is required — more costly and complex.
Key areas covered: Lasting Power of Attorney, LPA, mental capacity, Office of the Public Guardian, deputyship, dementia. Verified against GOV.UK.
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What you need to know
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people (your attorneys) to make decisions on your behalf. There are two types: Property and Financial Affairs LPA (covering finances, property and bank accounts) and Health and Welfare LPA (covering medical treatment and care decisions). You must have mental capacity to create an LPA.
If you lose mental capacity without an LPA in place, your family may have no legal authority to manage your affairs. They would need to apply to the Court of Protection for a Deputyship order, which takes months, costs significantly more, and involves ongoing supervision by the Court. An LPA created now protects your family from this difficult and expensive situation.
LPAs are created using official forms available from the Office of the Public Guardian (OPG). After completing the forms, the LPA must be certified by an independent person (a certificate provider) and then registered with the OPG. Registration costs £82 per LPA (fee remission available for those on low incomes). Registration takes 8–20 weeks. The LPA can only be used once registered.
Attorneys must act in the donor's best interests at all times, following the Mental Capacity Act 2005 principles. They must consider the donor's past and present wishes, involve the donor in decisions as much as possible, and keep clear accounts. Attorneys cannot make gifts to themselves or others beyond what the donor would have approved, and must keep their finances separate from the donor's.
If you are concerned that an attorney is misusing their power — taking money, making inappropriate gifts, or not acting in the donor's best interests — report it to the Office of the Public Guardian (OPG). The OPG has powers to investigate and can apply to the Court of Protection to cancel the LPA and remove the attorney. Adult social care services can also be involved if there are safeguarding concerns.
If a person has already lost mental capacity and has no LPA in place, a family member or friend must apply to the Court of Protection to become a Deputy. Property and Financial Affairs Deputyship allows you to manage finances; Personal Welfare Deputyship covers care and medical decisions. The process takes around six months and involves court fees and ongoing supervision.
This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.
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