When Should You Register an LPA? Timing and Planning

Many people wait until they "need" a Lasting Power of Attorney before setting one up. By then, it's often too late. Understanding the timing of LPA registration is crucial for effective planning.

You Can Only Make an LPA While You Have Capacity

This is the fundamental point: to create a valid LPA, you must have mental capacity. Once you lose capacity—through dementia, stroke, accident, or illness—you cannot make an LPA.

At that point, if your family needs to manage your affairs, they must apply to the Court of Protection for deputyship—a process that's slower, more expensive, and gives them less flexibility.

When Is the Best Time to Register?

The short answer: now. The best time to set up an LPA is when you're healthy and have full capacity.

Common Triggers for Making an LPA

• Making or updating your will
• Reaching retirement age
• Diagnosis of any condition that may affect capacity
• Before planned surgery or medical treatment
• Becoming a parent (your children need you protected)
• Starting to care for elderly parents (and realising the difficulties without LPAs)

The Registration Timeline

Even after you complete and submit an LPA, there's a waiting period:

• Current processing time: 8-12 weeks (longer during busy periods)
• LPA cannot be used: Until registration is complete
• Notification period: Named people must be notified and have time to object

If you wait until there's an emergency, the LPA won't be ready in time.

After a Diagnosis

If you or a loved one has been diagnosed with a condition that may affect capacity—dementia, Parkinson's, multiple sclerosis, or similar—time is critical.

Key Points

• In early stages, most people still have capacity to make an LPA
• A capacity assessment may be needed if there's any doubt
• GPs can provide assessments, or specialists for complex cases
• The OPG may require evidence of capacity if registering after diagnosis

Don't assume it's too late. Many people with early-stage conditions can still make valid LPAs. But don't delay—capacity can fluctuate or decline.

Making vs Registering: Understanding the Difference

Making an LPA

Creating the document—choosing attorneys, setting any restrictions, signing with witnesses and a certificate provider. You must have capacity at this point.

Registering an LPA

Submitting to the Office of the Public Guardian. The LPA cannot be used until registered. Registration can happen:

• Immediately after making the LPA
• Any time in the future while the donor is alive
• Even after the donor loses capacity (if validly made while they had capacity)

Why Register Early?

• The LPA is ready to use immediately if needed
• No stressful delay during a crisis
• Any errors can be corrected while you're well
• Reduces burden on family at a difficult time

When Can Attorneys Use a Registered LPA?

Property and Financial Affairs LPA

Can be used as soon as it's registered, even while you have capacity—if you've allowed this. This is useful for:

• Managing affairs while you're abroad
• Helping with complex finances
• Gradual handover as you age

You can add restrictions if you want attorneys to wait until you lose capacity.

Health and Welfare LPA

Can only be used when you lack capacity to make the specific decision in question. While you can make your own decisions, your attorneys have no power to act.

What If It's Too Late?

If someone has already lost capacity and has no LPA, options are limited:

Court of Protection Deputyship

• Apply to become a "deputy" to manage their affairs
• Process takes 4-6 months minimum
• Costs approximately £400-500 for court fees plus legal costs
• Annual supervision fee (currently £320)
• More restrictions and oversight than LPA attorneys
• May require a security bond

Limited Options for Healthcare

Without a health and welfare LPA, doctors make decisions in the patient's best interests. Family can be consulted but don't have decision-making authority.

Common Timing Mistakes

"I'll Do It Later"

The most common and most dangerous. Capacity can be lost suddenly through stroke or accident, not just gradual decline.

"I'm Too Young"

Anyone over 18 can make an LPA. Young adults, particularly those with children or property, should consider LPAs.

"I'll Wait Until I'm Ill"

By then it may be too late, or at minimum you'll be making important decisions during a stressful time.

Making But Not Registering

An unregistered LPA cannot be used. If you've made an LPA, register it promptly.

Having the Conversation

If you're worried about a family member:

• Frame it as planning for everyone, not singling them out
• Explain you're doing the same for yourself
• Focus on the protection and peace of mind LPAs provide
• Mention the difficulties families face without LPAs
• Suggest doing it together as a family

Take Action Now

Don't wait for the "right time"—there will never be a better time than now. Making an LPA while healthy ensures:

• You choose who makes decisions for you
• No doubt about your capacity when signing
• Time to correct any errors
• The LPA is ready when needed
• Peace of mind for you and your family

The small investment of time and money now prevents significant stress and expense later.