How to Set Up a Lasting Power of Attorney: Step-by-Step Guide

Setting up a Lasting Power of Attorney might seem daunting, but the process is actually quite straightforward once you understand the steps. I've guided thousands of families through this process, and the biggest hurdle is usually just getting started.

This guide walks you through every step, from choosing your attorneys to receiving your registered LPA. You can complete the process yourself using the free government service, or get professional help if you prefer.

Before You Start

Before filling in any forms, you need to make some important decisions. Taking time to think these through will make the actual form-filling much easier.

You'll need to decide:

• Which type of LPA you want (Property and Financial, Health and Welfare, or both)
• Who you want as your attorneys
• Whether to appoint replacement attorneys
• Who will be your certificate provider
• Whether you want to notify anyone when the LPA is registered
• Any specific instructions or preferences

I'd recommend setting aside an hour or two to think about these decisions properly. Have conversations with the people you're considering as attorneys – this shouldn't come as a surprise to them.

Step 1: Choose Your Attorneys

Your attorneys are the people who will make decisions for you, so choose carefully. They must be:

• 18 or over
• People you trust completely
• Capable of handling the responsibility
• Not bankrupt (for Property and Financial LPA only)

Most people choose their spouse or partner, adult children, or close family members. You can also choose a friend or a professional like a solicitor.

How many attorneys should you appoint?

You can appoint one or several. Having multiple attorneys provides a backup if one becomes unavailable, and means the burden isn't on one person. However, it can also complicate decision-making if they disagree.

If you appoint more than one attorney, you need to decide how they'll work together:

• Jointly: All attorneys must agree on every decision. This gives more protection against mistakes but can be impractical for daily decisions and means if one attorney dies or becomes unable to act, the LPA fails entirely.
• Jointly and severally: Attorneys can make decisions together or independently. This is more flexible and practical for most families.
• Jointly for some decisions, severally for others: You specify which decisions need everyone to agree (like selling your house) and which can be made independently (like everyday banking).

Step 2: Choose Replacement Attorneys

Replacement attorneys step in if your original attorneys can no longer act – for example, if they die, lose mental capacity themselves, or decide they can't continue.

Appointing replacement attorneys is optional but highly recommended. Without them, if all your original attorneys can no longer act, your LPA fails entirely and your family would need to apply for a deputyship.

The same rules apply as for original attorneys. Many people appoint their grandchildren or other family members as replacements.

Step 3: Find a Certificate Provider

Your certificate provider is someone who confirms that you understand what you're signing and that nobody is pressuring you into making the LPA.

They must be either:

• Someone who has known you personally for at least 2 years (a friend, colleague, or neighbour – but not a family member)
• A professional such as a doctor, solicitor, social worker, or independent financial adviser

The certificate provider cannot be:

• One of your attorneys or replacement attorneys
• A family member of yours or of your attorneys
• Someone who runs or works at the care home where you live
• Anyone under 18

Choose someone who is willing to take this seriously. They need to have a proper conversation with you about the LPA and satisfy themselves that you understand it.

Step 4: People to Notify

You can choose to have certain people notified when your LPA is sent for registration. This is an extra safeguard – it gives them a chance to raise concerns before the LPA is finalised.

You might choose to notify:

• Family members who aren't attorneys
• Close friends
• Anyone who you think would want to know

This is optional. If you don't want anyone notified, you don't have to include anyone. However, having at least one person to notify is an additional layer of protection against potential misuse.

Step 5: Add Instructions and Preferences

This is where you can personalise your LPA. There are two types of guidance you can give:

Instructions are binding – your attorneys must follow them. Examples include:

• "My attorneys must consult with my brother before selling my house"
• "My attorneys must keep my will up to date"
• "My attorney must not sell my collection of vintage records"

Preferences are guidance that attorneys should consider but don't have to follow rigidly. Examples include:

• "I'd prefer to stay in my own home as long as safely possible"
• "I'd like to continue receiving visitors from my church group"
• "I prefer to bank with Nationwide"

Be careful with instructions – if they're too restrictive or become impossible to follow, they can make the LPA unworkable. Preferences give your attorneys more flexibility to do what's best for you in changing circumstances.

Step 6: Complete the Forms

You have two options for completing the forms:

Online (recommended): Go to lastingpowerofattorney.service.gov.uk. The online tool guides you through each section, checks for common errors, and saves your progress automatically. Once complete, you print the forms for signing.

Paper forms: You can download forms from GOV.UK or request printed copies. Paper forms are harder to complete and more prone to mistakes that delay registration.

The online service walks you through entering:

• Your personal details
• Your attorneys' details
• How your attorneys should work together
• Your replacement attorneys (if any)
• Your certificate provider's details
• People to notify (if any)
• Your instructions and preferences

Step 7: Signing in the Correct Order

This is crucial. LPAs must be signed in a specific order, and getting this wrong is one of the most common reasons applications are rejected.

The correct order is:

1. You (the donor) sign first
2. Your certificate provider signs second
3. Your attorneys sign last

All signatures must be witnessed by an independent adult who is not one of your attorneys.

Important points:

• Don't date your signature until the day you actually sign
• Don't sign in advance and leave the date blank
• Your attorneys can sign on different days – they don't all need to sign together
• Keep all sections in the correct order – don't reorganise the pages

Step 8: Register Your LPA

An LPA can only be used once it's registered with the Office of the Public Guardian (OPG). You should register it as soon as it's signed – don't wait until you need it.

To register:

1. Complete the registration section of the form (or do this online)
2. Pay the £82 fee per LPA (so £164 for both types)
3. Send everything to the OPG by post

If you named people to notify, the OPG will contact them and wait at least 4 weeks before completing registration, giving them time to raise any concerns.

Registration currently takes 8-10 weeks from the date the OPG receives your application. You'll receive your registered LPA back with a stamp confirming it's valid.

Costs Breakdown

Registration fee: £82 per LPA

• £82 for one LPA
• £164 for both types (Property and Financial + Health and Welfare)

Fee reductions: If you receive certain means-tested benefits or have an income under £12,000, you may get a 50% reduction or full exemption.

Professional help (optional):

• Will-writing services: £150-£300 per LPA
• Solicitors: £200-£500 per LPA

If you're confident completing forms and have a straightforward family situation, the online service is free and straightforward to use. Professional help is worth considering if you have complex circumstances or want peace of mind that everything is done correctly.

How Long Does It Take?

From start to finish, expect:

• Decisions and preparation: A few days to a couple of weeks
• Completing forms: 1-2 hours using the online service
• Gathering signatures: 1-2 weeks (depending on when you can meet your certificate provider and attorneys)
• Registration: 8-10 weeks

Total: Roughly 3-4 months from starting to receiving your registered LPA.

The key is to start now, while there's no urgency. Setting up an LPA is something to do when you're healthy and have time to think it through properly – not something to rush when a crisis hits.