How do I make a Lasting Power of Attorney?

You can make a Lasting Power of Attorney (LPA) directly through the government website. In many cases you and your attorneys would benefit from a professionally prepared LPA. Either done online (e.g. through Capacity Vault’s online LPA service) or by booking an appointment with a solicitor and having bespoke instructions and preferences drafted.

For the government service: Make a Lasting Power of Attorney.

Online solicitor-led LPA service available at Capacity Vault.

To book a no-obligation appointment with a solicitor for an LPA with Make A Will: Book a call

Below are the main steps you must follow to make an LPA:

Step 1: Complete the LPA form

There are two separate forms to make LPAs, one for your property and finances, and one for your health and welfare. You can either fill these out in paper form, or online.

To help you with completing the forms, there is plenty of guidance online from the Office of the Public Guardian (OPG): Guide to LPAs

If you use the online LPA service or a solicitor consultation you’ll receive additional best-practice advice. This can give better peace of mind by providing:

  • More control over what attorneys can and can’t do;
  • Comfort that attorneys have sufficient flexibility to engage external experts when caring for your health, wellbeing or finances;
  • Extensive guidance on how to provide direction to your attorneys without fettering their discretion.

At the end of the day in almost all cases it’s better to have a Power of Attorney in place if you have someone you trust who is willing to take on the honour (and burden) of being your attorney.

Step 2: Sign the form

You will need to sign the LPA forms you are making, and someone will need to see you sign it. For information on who can witness an LPA, see: Who can witness my LPA?

You must arrange for the form to be signed by the following people in order:

  1. Yourself
  2. Your certificate provider
  3. Your attorneys and replacement attorneys
  4. Yourself – this time for the registration form, which will be sent with your LPA to the OPG

It’s vitally important to get all of the signatures done in the right order and correctly (sometimes in front of witnesses). This is where external guidance from either Capacity Vault or Make a Will’s solicitors can save time and money.

Step 3: Register the form with the OPG

When you have arranged for everyone to sign your LPA, register it with the OPG so that it can be used.

Registering your LPA also helps to detect any mistakes in the form. Mistakes in an LPA otherwise prevent it from being registered and used when needed.

For more details about the timeline to make an LPA see our guide. For details of the fee to register an LPA and the cost of making an LPA with us, see: How much does an LPA cost?

Bear in mind that the LPA is only valid whilst you are alive. As soon as you die, the LPA becomes invalid. Your will then becomes the governing document for your estate.