A lasting power of attorney (LPA) will only be valid if you are
18 or over and able to make decisions yourself at the time the LPA
is set up (i.e. you have "mental capacity"). You must
have entered into the LPA of your own free will and not been
pressurised by someone to sign it. You must be able to trust the
person you appoint on your behalf (your "attorney") to
act in your best interests since they will be making very important
decisions about your life.
To set up the LPA, you need to do the following:
Choose your attorney(s)
Decide whether you need a personal
welfare LPA and/or a property and financial affairs LPA.
Complete the standard LPA form(s) to
appoint your attorney(s).
You need to ensure that you and your
attorney(s) and relevant witnesses have signed the form(s). The LPA
must be signed by a certificate provider who confirms that you
understand it and haven't been put under pressure to sign it.
This must be someone you know well or a professional person, such
as a doctor, social worker or solicitor.
You need to complete form LP3 to
notify the people you have listed in the LPA as needing to be told
that you plan to register the LPA. They have three weeks to raise
any concerns with the Office of the Public Guardian (OPG).
Apply to register your LPA with the
OPG. This can take up to 10 weeks. If you do not register your LPA,
your attorney will not be able to make decisions on your behalf.
Your attorney can register the LPA for you if you wish.
When registering your LPA, you need
to pay a fee unless you are entitled to a reduction or exemption.
The current fee is £110 to register each LPA. You may be
entitled to a reduction or exemption if you are on means tested
benefits or you have a low income.
If you need any help setting up your LPA, or registering it, our
Court of Protection team can assist you. It is important to ensure
that the form is completed correctly, otherwise, this can result in
a delay in your LPA being registered and you could incur additional
fees to correct the mistake. If your circumstances are complicated,
it is a good idea to seek legal advice before finalising your
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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