Lasting Powers of Attorney: A Practical Guide for Carents

Written and reviewed by the Private Client team at Muckle LLP, in partnership with Carents. Last reviewed Oct 2026. Click here for full legal dislaimer.

There are two types of LPA :

1. Health and welfare
2. Property and financial affair

You can choose to make one of these or both.

Donors can choose to make one or both of these documents.

What does a Health and Welfare LPA cover?

A Health and Welfare LPA can only be used when the donor is unable to make their own decisions. It gives attorneys the power to make decisions about:

• daily routine (washing, dressing, eating)
• medical care
• living arrangements
• whether the donor should receive life-sustaining treatment

What does a Property and Financial Affairs LPA cover?

A Property and Financial Affairs LPA can be used as soon as it is registered and, with the donor's permission, even while the donor still has mental capacity.

It gives attorneys the power to make decisions about:

• managing bank or building society accounts
• paying bills
• collecting benefits or a pension
• selling the donor's home

This type of LPA can be particularly useful during an extended hospital stay, when access to bank accounts to pay bills or manage finances could otherwise become difficult.

An attorney must be 18 or over and have the mental capacity to make their own decisions. They could be:

• a relative
• a friend
• a professional, such as a solicitor
• a spouse or partner

When deciding who to appoint, a donor should think about:

• how comfortable they would be making decisions on their behalf
• how well the person manages their own affairs, including finances
• whether they trust the person to act in their best interests

A donor can appoint one or more attorneys. If more than one is appointed, the donor must decide whether each attorney can make decisions independently, or whether all attorneys must agree before a decision is made.

It is also worth considering replacement attorneys: people who would step in if a named attorney can no longer act.

Step 1: Complete the forms online or on paper

Donors can make an LPA online or using paper forms. The process cannot be completed entirely online. The law requires a paper document with handwritten signatures or marks.

Step 2: Arrange a Certificate Provider

An LPA requires a certificate provider, who must sign the LPA. The certificate provider is an impartial person who checks that the donor understands what they are signing and is making the LPA of their own free will.

A certificate provider can be:

• Someone who has known the donor personally for at least two years, such as a friend or neighbour (but not a relative)
• Someone with relevant professional skills, such as the donor's GP or solicitor

Step 3: Register with the Office of the Public Guardian

The Office of the Public Guardian (OPG) is responsible for registering LPAs and confirming the legal powers they grant.

Step 4: Pay the registration fee

It typically takes the OPG 8 to 10 weeks to register an LPA, though this can be longer if there are mistakes in the application or the OPG is particularly busy.

The process includes a statutory four-week waiting period, which gives people time to raise concerns: for example, if they believe the donor is being pressured into making the LPA, or that fraud is being committed.

Donors should factor in the time needed to consult prospective attorneys and for all relevant parties to sign the forms before submitting for registration.

In these circumstances, it may be necessary to apply to the Court of Protection for a deputyship order. This is a more expensive and time-consuming process that can cause significant delays and distress for the whole family.