Power of Attorney - A How To Guide

Complete Guide to Lasting Power of Attorney (LPA)

In the UK, you cannot simply write a letter to grant Power of Attorney. It must be done using official government forms and registered with the Office of the Public Guardian (OPG) to be legally recognised by banks, doctors, and local authorities.

1. Choose the Type of LPA

You can set up one or both of the following:

• Property and Financial Affairs: Allows your attorney to manage bank accounts, pay bills, collect benefits, and sell property. (Can be used while you still have mental capacity, with your permission).

• Health and Welfare: Allows your attorney to make decisions about your daily routine (washing, dressing, eating), medical care, and moving into a care home. (Only usable once you lose mental capacity).

2. The Step-by-Step Process

Step A: Choose Your People

• Attorneys: People you trust (can be family, friends, or a professional).

• Replacement Attorneys: People who step in if your original attorney cannot act.

• Certificate Provider: An independent person who confirms you are making the LPA of your own free will and understand its implications. This can be someone who has known you for 2+ years (not a relative) or a professional (like a doctor or solicitor).

Step B: Complete the Forms

The most efficient way to do this is via the Official Online Service, which validates your data as you go to prevent errors.

• Online Tool: Make a Lasting Power of Attorney (GOV.UK)

• Paper Forms (to print): LP1F (Finance) and LP1H (Health) PDF Downloads

Step C: Sign the Document

The order of signing is legally critical. If you sign in the wrong order, the OPG will reject the application.

1. The Donor (You) signs first (witnessed by someone else).

2. The Certificate Provider signs second.

3. The Attorney(s) sign third (witnessed by someone else).

Step D: Register the LPA

The document is not legally valid until it is registered with the OPG.

• Cost: £92 per document (£184 for both).

• Payment: Paid at the end of the online application or via cheque/card with paper forms.

• Wait Time: Currently takes roughly 8 to 12 weeks for the OPG to process and send the registered documents back.

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3. Financial Assistance (Fee Reductions)

If you are on a low income or certain benefits, you may not have to pay the full £92 fee.

• Exemption: If you receive specific "means-tested" benefits (like Universal Credit), the fee is £0.

• Remission: If your gross annual income is less than £12,000, you get a 50% discount (£46).

• Required Form: LPA120 Fee Reduction Form

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4. Summary of Official Links

ResourceLinkStart Online Applicationgov.uk/power-of-attorneyDownload PDF Formsgov.uk/government/publications/make-a-lasting-power-of-attorneyFee Reduction Infogov.uk/power-of-attorney/how-much-it-costsGuide for Attorneysgov.uk/lasting-power-of-attorney-duties

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Important Regional Note

• Scotland: You must register via the Office of the Public Guardian (Scotland).

• Northern Ireland: You must register via NI Direct / Office of Care and Protection.