A lasting power of attorney lets people you trust make decisions for you if you cannot make them yourself. It must be made while you still have mental capacity, so it is best done well before it is needed. This guide covers the preparation and family conversations; it is general information, not legal advice.
Step by step
Understand the two types
In England and Wales there are two types: one for property and financial affairs and one for health and welfare. Many people make both. Scotland and Northern Ireland have different systems, so check the rules for where you live on GOV.UK or with the relevant public guardian office.
Choose your attorneys
Think about who you trust, who is organised and who is likely to be available for many years. Consider naming more than one attorney and deciding whether they must act together on all decisions or can act separately. You can also name replacement attorneys in case someone cannot act.
Talk to the people involved
Ask each potential attorney whether they are willing and explain what it may involve. Share your wishes about care, where you would like to live, medical treatment and how money should be managed. Writing these down as a separate note can help them later.
Choose a certificate provider
The form needs a certificate provider who confirms you understand the document and are not being pressured. The official guidance explains who can and cannot do this, such as someone who has known you well for a set period or a relevant professional. Check the current rules before asking anyone.
Gather details and check fees
Collect full names, addresses and dates of birth for everyone involved. Registration with the Office of the Public Guardian has a fee, and reductions or exemptions may apply; check the current figure on GOV.UK rather than relying on old information. Decide whether you will apply online, on paper or with help from a solicitor.
Register and store it safely
An LPA cannot be used until it is registered. Once registered, keep the document and any access codes somewhere safe, tell attorneys where it is and note it in your family's important documents list.
Ready-to-use checklist
- Type or types of LPA decided
- Attorneys chosen and willing
- Replacement attorneys considered
- Wishes discussed and written down
- Certificate provider identified
- Personal details gathered for everyone named
- Current fee checked on GOV.UK
- Storage place agreed and shared
Practical tips
- Make the LPA while everyone is well, as it cannot be made once capacity has been lost.
- Keep a list of banks and other organisations the attorney would need to contact.
- If family relationships are complicated, consider getting advice from a solicitor before choosing attorneys.
Common problems
My parent already seems to be losing capacity.
Speak to their GP and a solicitor promptly. Whether they can still make an LPA depends on their capacity for that decision at that time. If they cannot, family may need to apply to the Court of Protection in England and Wales, which is a longer process.
Siblings disagree about who should be attorney.
Focus on the person's own wishes, as it is their choice. Naming more than one attorney, or replacement attorneys, can help. If there are serious concerns about pressure or abuse, the Office of the Public Guardian can advise.
The application was returned with errors.
Read the letter carefully, as it will explain what needs correcting. Common problems include missing signatures or pages signed in the wrong order. Correct the issue promptly and keep copies of everything you send.