Lasting Power of Attorney
(LPA)
A Lasting Power of Attorney is a legal document that authorises a named person (the attorney) to make decisions on behalf of another person (the donor) if the donor loses mental capacity. There are two types: Property and Financial Affairs, and Health and Welfare. An LPA must be registered with the Office of the Public Guardian before it can be used.
A Lasting Power of Attorney (LPA) is created under the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG). There are two types: Property and Financial Affairs LPA (can be used while the donor has capacity, if they choose) and Health and Welfare LPA (can only be used once the donor lacks capacity to make the relevant decision). An LPA must be signed by the donor, a certificate provider (who confirms the donor understands and is not under pressure), and the attorney(s), then registered with the OPG (fee: £82 per LPA, reduced or waived if the donor receives means-tested benefits). Registration typically takes 8–12 weeks. A common pitfall is waiting until capacity is lost — at that point an LPA cannot be made and a more costly Court of Protection deputyship order is needed instead. An LPA cannot be used before it is registered.