Lasting Power of Attorney Service
Professional support preparing Property and Financial Affairs and
Health and Welfare LPAs for clients across England and Wales.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to
appoint one or more trusted people to make particular decisions for you.
The person making the LPA is called the donor, and the people appointed
are called attorneys.
An LPA can help ensure that trusted people are legally authorised to
assist with financial, property, health or welfare decisions if support
is needed in the future.
An LPA must be registered with the Office of the Public Guardian before
it can be used. You must have the mental capacity to make an LPA when it
is created.
Official information is available from
GOV.UK’s Lasting Power of Attorney guidance
.
What are the two types of Lasting Power of Attorney?
There are two separate LPAs in England and Wales: a Property and
Financial Affairs LPA and a Health and Welfare LPA. Each covers a
different category of decisions.
Property and Financial Affairs LPA
This can authorise attorneys to deal with specified financial and
property matters, subject to the choices and restrictions contained
in the document.
- Managing bank or building-society accounts
- Paying bills and household expenses
- Managing investments or pensions
- Dealing with property and financial paperwork
- Buying or selling property where authorised
Health and Welfare LPA
This can authorise attorneys to make specified personal and welfare
decisions if the donor becomes unable to make those decisions.
- Daily routine and personal care
- Medical treatment and care arrangements
- Where the donor should live
- Contact with particular people
- Life-sustaining treatment, where authority is given
Do I need both types of LPA?
The two LPAs cover different decisions, so having one does not give
attorneys authority over matters covered by the other. Many people
therefore consider making both, but the appropriate choice depends on
individual needs and circumstances.
A Property and Financial Affairs LPA does not automatically allow an
attorney to make health or care decisions. Likewise, a Health and Welfare
LPA does not provide authority to manage bank accounts, bills or property.
Preparing both documents can provide broader coverage across financial,
property, health and welfare decisions.
How does the LPA preparation and registration process work?
The process involves choosing attorneys, recording your decisions,
arranging the required signatures and certificate, and applying to
register each LPA with the Office of the Public Guardian.
1Choose the LPA type
Decide whether you require a Property and Financial Affairs LPA,
a Health and Welfare LPA, or both.
2Choose your attorneys
Select trusted people and decide how multiple attorneys should make
decisions.
3Record instructions and preferences
Consider any preferences, instructions or restrictions that should
be included without creating contradictory or unworkable wording.
4Complete the signatures
The donor, certificate provider, attorneys and witnesses must sign
the relevant sections correctly and in the required order.
5Apply for registration
Each completed LPA is submitted to the Office of the Public
Guardian with the applicable registration fee.
GOV.UK currently advises that making and registering an LPA generally
takes around 8 to 10 weeks when there are no errors. Processing times can
change and individual applications may take longer.
How much does a Lasting Power of Attorney cost?
Xwills preparation fees start from £195 per LPA. The Office of the Public
Guardian currently charges a separate £92 registration fee for each LPA,
unless the donor qualifies for a reduction or exemption.
| Cost | Per LPA | What it covers |
|---|
| Xwills preparation | From £195 |
Professional preparation and support based on the agreed service. |
| OPG registration fee | £92 |
Government fee paid for registering each LPA. |
| Indicative total | From £287 |
Xwills preparation from £195 plus the £92 OPG fee for one LPA. |
Registering both types currently costs £184 in OPG fees before any
professional preparation charges. Fee reductions or exemptions may be
available depending on the donor’s financial circumstances.
Check the latest government fee information on
GOV.UK
.
How can Xwills help with your LPA?
Xwills provides a nationwide remote LPA preparation service for clients
in England and Wales, with clear support through the document preparation
and registration stages.
- Explaining the differences between the two LPA types
- Helping you record your choice of attorneys
- Discussing how multiple attorneys should make decisions
- Preparing the agreed LPA documentation
- Providing guidance on signing and witnessing
- Helping reduce avoidable administrative errors
- Supporting the registration process
Professional preparation cannot guarantee that the Office of the Public
Guardian will accept an application or that no further information will
be required.
What happens if someone loses capacity without an LPA?
Family members do not automatically receive authority to manage another
adult’s finances or make all decisions for them. Where no suitable LPA
exists, an application to the Court of Protection may be required.
The Court of Protection may appoint a deputy with authority defined by a
court order. Deputyship is a different process from making an LPA and may
involve application, assessment, supervision and other fees.
Current government information lists a £432 deputyship application fee,
with additional costs potentially applying depending on the case,
including supervision, assessment, hearing or security-bond costs.
Read the latest official information on
GOV.UK deputyship fees
.
Lasting Power of Attorney: Frequently Asked Questions
When can a Property and Financial Affairs LPA be used?
This depends on the choices recorded in the document. Once registered,
it may be capable of use while the donor still has capacity if the
donor has authorised this, or only when capacity is lost.
When can a Health and Welfare LPA be used?
Attorneys can generally make a particular health or welfare decision
only when the donor is unable to make that decision themselves.
Can I appoint more than one attorney?
Yes. You can appoint multiple attorneys and specify whether they should
act jointly, jointly and severally, or differently for particular
decisions.
Can an attorney witness the donor’s signature?
No. An attorney cannot witness the donor’s signature. The signing and
witnessing requirements should be followed carefully.
Can I make an LPA after losing mental capacity?
No. The donor must have the mental capacity to make the LPA when it is
created. A Court of Protection application may need to be considered
after capacity has been lost.
Can an LPA be changed after registration?
Minor administrative updates may be possible in limited circumstances,
but changing attorneys or substantive instructions will commonly
require the existing LPA to be revoked and a new one made while the
donor has capacity.
Related Lasting Power of Attorney Guides
Explore our detailed guidance on LPA costs, registration trends and the
decisions to consider before preparing your documents.
Complete LPA Guide
Understand the two types of LPA, attorney choices, registration and
what can happen if no LPA is in place.
Read the complete LPA guide →
LPA Costs Explained
Compare government registration fees, professional preparation costs
and available fee reductions.
Read the LPA cost guide →
LPA Statistics and Trends
Review registration volumes, processing times and the increasing use
of LPAs across England and Wales.
View the latest LPA statistics →
Fixed-Fee LPA Options
Review Xwills pricing and estate-planning packages that include
Property and Financial Affairs and Health and Welfare LPAs.
View LPA pricing →
Book Your Free LPA Consultation
Speak with Andrew Walters MSWW about the LPA documents that may be
appropriate for your circumstances and how the preparation process works.
Schedule Your Free Consultation
Xwills provides estate-planning services in England and Wales. Information
on this page is general and should not be treated as personalised legal,
financial or medical advice. Government fees and processing times may
change.
