Lasting Power of Attorney (LPA): How to Register With the OPG 2026
A Lasting Power of Attorney (LPA) is one of the most important legal documents you can create. It allows you to choose one or more people you trust — your "attorneys" — to make decisions on your behalf if you ever lose the mental capacity to make them yourself, or simply need help managing your affairs. Without an LPA, your family would need to go through the costly and slow Court of Protection process. Setting one up is relatively straightforward, and in this guide we walk through how to do it in 2026.
The Two Types of LPA
There are two separate LPAs, and you can make one or both:
- Property and Financial Affairs LPA: Your attorney can manage your bank accounts, pay bills, collect benefits or pension, sell property, and handle investments. This LPA can be used as soon as it is registered, with your permission — you do not need to have lost capacity. This is useful for people who are physically unable to deal with financial matters but remain mentally capable.
- Health and Welfare LPA: Your attorney can make decisions about your medical treatment, where you live, your day-to-day care, and even life-sustaining treatment (if you give them that authority). This LPA can only be used when you have lost mental capacity — not before.
Step by Step: How to Make and Register an LPA
- Choose your attorney(s). Pick one or more people you trust. They must be 18 or over and not bankrupt (for a Property and Financial Affairs LPA). You can appoint more than one attorney and specify whether they must act jointly (all together), jointly and severally (together or individually), or jointly for some decisions and severally for others.
- Complete the LPA form. Use the GOV.UK online service or paper forms LP1F (Property and Financial Affairs) and LP1H (Health and Welfare). The online service is quicker — it checks for common mistakes as you go.
- Choose a certificate provider. This is someone who certifies that you understand the LPA and are not being pressured. They must have known you for at least 2 years (and not be a family member) or be a professional (doctor, solicitor, registered social worker).
- Choose people to notify. You must name at least one person (up to five) to be notified when the LPA is registered. These are typically family members or close friends who can raise concerns if they think something is wrong. If you do not name anyone, you need two certificate providers instead.
- Sign the LPA. You, your attorney(s), and the certificate provider all sign in the correct order. The order matters: you sign first, then the certificate provider, then the attorneys. Each signature must be witnessed by someone independent.
- Register with the Office of the Public Guardian (OPG). Send the completed form to the OPG with the registration fee of £82 per LPA. You can pay by cheque or card. The OPG takes approximately 8–12 weeks to process the application. They will notify the people you named, who have 3 weeks to raise any objections.
- Receive your registered LPA. Once registered, the OPG will return the LPA with an official stamp. You can then start using the Property and Financial Affairs LPA (with your permission), but the Health and Welfare LPA can only be used if you lose capacity.
2026 Registration Fee and Exemptions
The registration fee is £82 per LPA. If you make both types, the total is £164. However, you may be eligible for a reduction or exemption:
- If your gross annual income is less than £12,000, you can apply for a 50% remission (fee reduced to £41 per LPA).
- If you receive certain means-tested benefits (Income Support, Income-based Jobseeker's Allowance, Universal Credit with no earnings or low earnings, Pension Credit Guarantee Credit), you may qualify for a full exemption.
- Apply using form LPA120 (fee remission application) at the same time as submitting your LPA.
Common Pitfalls to Avoid
- Wrong signing order: The donor signs first, then the certificate provider, then the attorneys. Getting this wrong invalidates the LPA.
- Missing witnesses: Every signature must be witnessed. The witness cannot be the attorney or another attorney.
- Family member as certificate provider: The certificate provider cannot be a family member — even if they have known you their whole life.
- Not specifying life-sustaining treatment: For the Health and Welfare LPA, you must explicitly state whether your attorney can make decisions about life-sustaining treatment. If you do not tick this box, they cannot.
- Thinking an LPA covers everything automatically: Remember — the Property and Financial Affairs LPA does not cover health decisions, and vice versa. You need both if you want full coverage.
Replacement Attorneys and Preferences
You can also name replacement attorneys — people who step in if your original attorney can no longer act (for example, if they die or lose capacity themselves). You can also include "preferences" (non-binding wishes) and "instructions" (legally binding requirements) in your LPA. For example, you can instruct that your attorney must consult a specific family member before selling your home, or express a preference that you wish to remain at home rather than go into residential care.
What If You Already Have an Enduring Power of Attorney (EPA)?
Enduring Powers of Attorney were the predecessor to LPAs and were replaced in October 2007. If you made an EPA before 1 October 2007, it is still valid — but only for property and financial affairs, not health and welfare. If you lose capacity, the EPA must be registered with the OPG. You cannot make a new EPA; you would make an LPA instead. If you have an old EPA, consider whether it still meets your needs or whether you should make a new LPA as well (or instead).
Jurisdiction: England and Wales
LPAs are governed by the Mental Capacity Act 2005 and apply in England and Wales. Scotland has its own equivalent called a Power of Attorney (governed by the Adults with Incapacity (Scotland) Act 2000), which is registered with the Office of the Public Guardian (Scotland). Northern Ireland has Enduring Powers of Attorney under the Enduring Powers of Attorney (Northern Ireland) Order 1987. The process and terminology differ — if you live in Scotland or Northern Ireland, seek specific advice.
FAQ
Can I cancel an LPA after it has been registered?
Yes, as long as you still have mental capacity. You complete a "deed of revocation" and send it to the OPG. The OPG will then remove the LPA from the register. Tell your attorneys and any organisations (banks, etc.) that had a copy.
What if I disagree with my attorney's decisions?
If you still have capacity, you can overrule your attorney at any time — the LPA gives them authority, it does not remove yours. If you have lost capacity, anyone concerned about the attorney's conduct can report it to the OPG, which has investigatory powers and can apply to the Court of Protection to remove an attorney who is not acting in your best interests.
Can I name a professional as my attorney (e.g. a solicitor)?
Yes. You can appoint a professional such as a solicitor or accountant. Professionals typically charge for their services, which is paid from your funds. Make sure you understand their fee arrangements before appointing them.
Authoritative Sources
- GOV.UK — Lasting power of attorney — official guide and online application
- Office of the Public Guardian (OPG)
- Mental Capacity Act 2005 — the governing legislation
- GOV.UK — LPA fee remission and exemptions
- Age UK — Power of attorney
- Citizens Advice — Managing affairs for someone else
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