At Waldrons Solicitors, we help clients with matters that provide peace of mind and few legal documents offer as much reassurance as a Lasting Power of Attorney (LPA). If you’re unsure what an LPA is, you’re not alone. Many people only learn about LPAs when it’s too late and their only option is applying to the Court of Protection for a Deputyship. Cheryl Styles, an experienced Wills & Probate Legal Executive at Waldrons Solicitors, underscores the importance of understanding LPAs early. “An LPA might feel like something to put off,” Cheryl notes, “but having one in place can spare your family tremendous stress down the line.”
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust (your “attorney”) to make decisions on your behalf if you lose the mental capacity to make them yourself moneyweek.com. In practice, this means your chosen attorney(s) can step in to manage your affairs if, for example, you develop an illness like dementia or suffer an accident that leaves you incapacitated. Importantly, LPAs aren’t just for the elderly, unexpected illness or injury can strike at any age, so every adult should consider having one.
There are two types of LPA in England and Wales:
- Health and Welfare LPA – Allows your attorney to make decisions about your medical treatment, care arrangements, living situation, and even life-sustaining treatment if you cannot decide for yourself moneyweek.com. This type only takes effect once you’ve lost capacity.
- Property and Financial Affairs LPA – Empowers your attorney to manage your finances and property, such as paying bills, managing bank accounts, collecting pensions, or even selling your home if needed. This LPA can be used even while you still have capacity (with your permission), or only after you lose capacity, you get to choose when it takes effect.
Why are LPAs so Important?
Many people assume that their spouse or children can automatically make decisions for them if they become ill or unable to manage their affairs. Unfortunately, that’s not the case, no one, not even your next of kin, has an automatic legal right to act for you without formal authority todayswillsandprobate.co.uk. In a recent survey, 80% of British adults mistakenly believed their loved ones could simply take over if they lost capacity, yet only around one in five adults have set up an LPA. The result is that too many families are caught unprepared.
Without an LPA in place, your family may need to apply to the Court of Protection to be appointed as your Deputy. This process is costly, time-consuming and stressful, especially during an already emotional time. It can take many months (often 4–18 months for approval) and involves expensive court fees gov.uk. In the interim, your loved ones could be unable to make important decisions or access funds on your behalf. In short, leaving things to “next of kin” or the courts can put an enormous burden on your family.
By contrast, with an LPA in place:
- You stay in control. You decide in advance who you trust to make decisions for you (your attorney(s)), rather than leaving the choice to courts or chance.
- You set the terms. You can specify what powers your attorneys will have, any decisions you want them to consult others on, and whether they can act while you still have capacity or only after you lose it. This flexibility lets you tailor the LPA to your wishes.
- Quick, assured decision-making. If you do lose capacity, your chosen attorneys can step in immediately to make decisions in your best interests. This avoids the lengthy court delays that occur with Deputyship and ensures that bills can be paid, and care arrangements made without disruption. In an emergency, having an LPA means there’s no question about who will manage your affairs – things can keep running smoothly at a difficult time.
Ultimately, an LPA provides peace of mind that your affairs will be handled by someone you trust if you’re unable to do so. This is increasingly important given our ageing population and health statistics, in the UK, over 1 million people are projected to have dementia by 2025 gov.uk, and countless others could lose capacity through stroke, brain injury or other illness. An LPA is a safeguard that everyone, not just the elderly should consider as part of prudent life planning.
What is the Process of Making an LPA?
Setting up a Lasting Power of Attorney is simpler than many expect, especially with expert help. The process involves a few key steps:
- Initial Instructions: We’ll discuss your situation, wishes, and whom you’d like to appoint as your attorney(s). It’s important to choose people you trust implicitly and who understand your values. You can have more than one attorney and even appoint replacements in case your first choices can’t act. We’ll also talk through any preferences or instructions you want to include.
- Drafting the LPA: Our team will prepare the official LPA forms, ensuring all details are correctly entered and that the document reflects your wishes. There are separate forms for each type of LPA (Health & Welfare, and Property & Financial), and we’ll handle the paperwork for whichever one (or both) you need.
- Signing & Witnessing: Once the LPA documents are drafted, they need to be signed by you and your attorney(s) and witnessed in accordance with legal requirements. Additionally, a certificate provider will sign to confirm that you understand the LPA and have not been unduly pressured into making it. The certificate provider can be a professional like a solicitor or doctor, or someone who has known you well for at least two years. This step is a safeguard to protect you, the donor.
- Registration with the OPG: After signing, the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used gov.uk. Registration is essential, an LPA has no legal power until the OPG officially registers it. We will submit the application to the OPG on your behalf. The registration process currently takes a few weeks to a few months (often around 8–15 weeks). It’s wise to register the LPA as soon as it’s signed, so that it’s ready to use if and when needed.
Cost: The OPG charges a statutory application fee of £82 per LPA document at present. (Most people making both a Property/Finance and a Health/Welfare LPA pay £164 in total.) However, note a key change: this fee will increase to £92 per LPA from 17th November 2025 gov.uk. Applications received by the OPG on or after that date will cost £92 each, meaning the pair of LPAs will be £184. While the difference is relatively modest, it’s effectively an extra £20 for the same protection, this is another reason to consider acting sooner rather than later. If you get your LPA applications in before 17th November 2025, you’ll avoid the higher fee. (Fee exemptions or reductions are available if you’re on a low income or certain benefits – we can advise if this applies to you.)
Aside from the OPG fee, if you use a solicitor, there will be legal fees for advice and preparation. Many people find this well worth it for the guidance and assurance provided (more on that below). Once the LPA is registered, it remains valid indefinitely unless you revoke it or you pass away (at which point the LPA ends automatically).
Why Use a Solicitor to Set Up an LPA?
It’s possible to fill in LPA forms yourself, the government website offers guidance but there are good reasons to seek professional help. The forms can be confusing and unforgiving. Simple mistakes (like a name not matching an ID, a missed signature, or signing in the wrong order) can lead the OPG to reject your application, meaning you have to start over. In fact, more than 50,000 LPA applications were rejected in 2023–24 due to errors in the paperwork moneyweek.com. Each of those rejections meant delays and an additional fee. As MoneyWeek reported, completing an LPA form involves a lot of paperwork and strict signing rules, so if there’s a mistake, the application “is returned, requiring another application to be made and another fee to be paid”. In 2023/24 it took the OPG an average of 76 working days to process an LPA, due in part to a backlog, you definitely don’t want to prolong the process further by having your form sent back for correction.
By working with our Wills & Probate team at Waldrons, you benefit from expert guidance and a smoother experience:
- Clarity and Peace of Mind: We ensure your wishes are accurately reflected and that you understand all the options. An LPA is a powerful document, and it’s vital that it’s set up exactly as you intend. We’ll explain the form in plain English so you’re comfortable with what you (and your attorneys) are agreeing to.
- Avoiding Pitfalls: We’ve seen the common mistakes and hidden pitfalls that non-lawyers often encounter. Using our expertise means you won’t have to worry about an unsigned box or a mis-phrased instruction derailing your application. Your forms will be completed and executed correctly the first time, so registration should proceed without hiccups.
- Expert Advice on Choices: Who should you appoint as attorney? Should you appoint more than one and if so, should they act jointly or independently? Who could act as a replacement if your first choice can’t serve? We will discuss your personal circumstances and help you make informed decisions on these questions. We’ll also cover things you might not have considered, for example, placing limits on certain decisions, or giving guidance for your attorneys in a letter of wishes. Our goal is to tailor the LPA so it truly meets your needs and protects your interests.
- Speed and Convenience: Our team handles the entire process for you, from drafting to witnessing and submitting the forms to the OPG. This saves you the time of navigating the forms yourself and ensures everything is done correctly. We’ll track the application and let you know when the LPA is registered. Essentially, we make setting up an LPA simple and stress-free for you.
While you can DIY an LPA, remember that it is a legal document that hands significant powers to someone else. Given what’s at stake, many people prefer the assurance of having an experienced solicitor prepare and register the LPA, so they know it’s done right.
Plan Ahead – Protect Yourself and Your Family
No one likes to imagine a time when they can’t make their own decisions. However, planning ahead by putting an LPA in place is one of the most responsible and caring steps you can take for your future self and your family. It ensures that whatever happens, you’ve already chosen who will act for you and laid out how you want to be cared for and your affairs managed. This not only protects you it also spares your loved ones from the legal turmoil of court applications and the agony of not knowing your wishes.
It’s worth noting that awareness of LPAs is (slowly) growing. The Office of the Public Guardian has seen a surge in registrations in recent years, over 1.3 million LPA applications were made in 2023/24, a 28% jump from the previous year moneyweek.com. More people are waking up to the importance of getting these documents in place. The government has even passed the Powers of Attorney Act 2023 to modernise the system, including introducing a fully online application process to help reduce backlogs gov.uk.
“Setting up a Lasting Power of Attorney is one of the most important acts of planning you can do for your future,” says Cheryl Styles. “By arranging an LPA while you’re well, you’re ensuring that if the worst happens, your affairs will be managed by someone you trust, in line with your wishes. It spares your family unnecessary stress and gives everyone invaluable peace of mind.”
If you’d like to discuss setting up a Lasting Power of Attorney or have any questions about how LPAs work, contact our friendly team at Waldrons Solicitors. We’re here to make the process easy, empathetic, and tailored to your needs. Planning ahead now means you can live life with confidence knowing your future is secure.
