Power of Attorney Checklist
Setting up a Lasting Power of Attorney (LPA) lets someone you trust make decisions for your parent if they ever become unable to make those decisions themselves. It is one of the most important — and most often delayed — things a family can do. This interactive checklist walks you through every step for England and Wales. Tick items off as you go; your progress is saved in your browser only. Built and reviewed by a UK care-sector professional.
Work down the checklist in order. Each box stays ticked on this device until you clear it, so you can come back and pick up where you left off.
Step 1 — Decide what you need
Step 2 — Choose the people
Step 3 — Complete and sign the forms
Step 4 — Register and store
Worked example: the Patel family, planning ahead
Anil's mother, 78, has been diagnosed with early-stage dementia but still understands her affairs and can make her own decisions. The family acts quickly, because an LPA can only be made while the donor still has capacity.
They set up both LPAs. Anil and his sister are named as attorneys, acting "jointly and severally" so either can act alone if the other is unavailable. A long-standing family friend who has known their mother for 15 years acts as the certificate provider. They complete forms LP1H and LP1F online, sign them in the correct order, and register both with the OPG — paying £82 for each, £164 in total.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets a person (the donor) appoint one or more people (their attorneys) to make decisions on their behalf if they later become unable to make those decisions themselves. It is governed by the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG). This guide covers England and Wales.
The two types of LPA
- Health & Welfare LPA. Covers decisions about medical treatment, daily care, where the donor lives, and — if the donor chooses — life-sustaining treatment. It can only be used once the donor has lost mental capacity.
- Property & Financial Affairs LPA. Covers money, bank accounts, bills, pensions, benefits and selling property. With the donor's permission it can be used as soon as it is registered, even while they still have capacity — useful if the donor finds it hard to get to the bank.
Most families set up both, so that decisions about health and money are covered.
Who you need
- The donor — the person the LPA is for. They must have the mental capacity to understand it when it is made.
- Attorney(s) — the people who will make decisions. They must be 18 or over; for a financial LPA they must not be bankrupt.
- Replacement attorneys (optional) — step in if an original attorney can no longer act.
- A certificate provider — an independent person who confirms the donor understands the LPA and is not being pressured. They must have known the donor for at least two years, or be a relevant professional (such as a doctor or solicitor).
- Witnesses — each signature on the LPA must be witnessed by someone aged 18 or over (an attorney can witness the donor's signature, but the donor cannot witness an attorney's).
- People to be notified (optional) — anyone you choose to be told when the LPA is registered, giving them a chance to object.
The documents and steps
- Complete the official forms: LP1H for Health & Welfare and/or LP1F for Property & Financial Affairs.
- Add any instructions and preferences.
- Sign in the correct order — donor, then certificate provider, then attorneys — each witnessed.
- Send the signed forms to the OPG to register, with the fee.
- Wait for registration before the LPA can be used.
Registering with the Office of the Public Guardian
An LPA is not valid until it has been registered with the OPG. The fee is £82 per LPA (so £164 to register both types for one person). There is help with the cost:
- 50% reduction if the donor has a gross income of less than £12,000 a year.
- Full exemption if the donor receives certain means-tested benefits (such as Income Support, income-based ESA, or Guarantee Pension Credit).
Apply for help with the fee using form LPA120A. Registration usually takes around 8 to 20 weeks because of a statutory four-week period during which objections can be raised, so start early — well before the LPA is likely to be needed.
When each LPA can be used
- A Property & Financial Affairs LPA can be used as soon as it is registered, with the donor's consent, while they still have capacity — and continues if they lose it.
- A Health & Welfare LPA can only ever be used after the donor has lost the capacity to make the decision in question.
What if my parent has already lost capacity?
An LPA can only be made while the donor still understands it. If your parent has already lost mental capacity, it is too late for an LPA. Instead, a family member must apply to the Court of Protection to be appointed as a deputy — a process that is slower, more expensive, and subject to ongoing supervision. This is exactly why setting up LPAs early, while everyone is well, matters so much.
Scotland and Northern Ireland
This checklist is for England and Wales. In Scotland, Powers of Attorney are registered with the Office of the Public Guardian (Scotland) and use different forms and fees. In Northern Ireland, an Enduring Power of Attorney covers finances, with separate arrangements for health and welfare decisions. If your parent lives in Scotland or Northern Ireland, follow that nation's official guidance instead.
How this checklist works (methodology)
This is an interactive planning aid, not a calculator:
- The checklist mirrors the official LPA process on GOV.UK, broken into four stages: decide what you need, choose the people, complete and sign, then register and store.
- Each tick is saved in your browser's local storage on this device only — nothing is sent to us, and there is no sign-up.
- The progress counter shows how many steps you've completed, and a short message confirms when all steps are ticked.
- The £82 registration fee, the fee reduction/exemption rules, and the forms named (LP1H, LP1F, LPA120A) are taken from current OPG guidance, linked above.
What's NOT included in this checklist
- Legal advice. This is general information. Complex cases (business interests, disputes, or doubts about capacity) may need a solicitor.
- The forms themselves. Complete the official LP1H/LP1F forms on GOV.UK — this checklist guides you through, but doesn't replace them.
- Scotland and Northern Ireland. Different systems apply — see the section above.
- Court of Protection deputyship. If capacity is already lost, that is a separate process we don't cover here.
The steps, the £82-per-LPA registration fee, the fee reduction and exemption rules, and the forms named in this tool are taken directly from current Office of the Public Guardian guidance on GOV.UK, linked inline above so you can verify them.
The checklist is reviewed by Hinesh Patel, owner-operator of Birkdale Village Care Home, with over a decade of UK care-sector experience supporting families through care planning, including putting Powers of Attorney in place for residents. It is updated whenever the OPG process or fees change.
Frequently asked questions
What are the two types of Lasting Power of Attorney?
In England and Wales there are two LPAs. A Health and Welfare LPA lets your attorney make decisions about medical care, daily routine, where the donor lives, and life-sustaining treatment — but only once the donor has lost mental capacity. A Property and Financial Affairs LPA covers money, bills, bank accounts, pensions and selling property, and can be used as soon as it is registered (with the donor's permission) even while they still have capacity.
How much does a Lasting Power of Attorney cost in 2026?
It costs £82 to register each LPA with the Office of the Public Guardian (OPG) in England and Wales. So registering both types for one person costs £164. You can apply for a 50% reduction if the donor earns less than £12,000 a year, or a full exemption if they receive certain means-tested benefits such as Income Support or Guarantee Pension Credit.
Who do I need to set up an LPA?
You need: the donor (the person giving authority, who must have mental capacity when making the LPA); one or more attorneys (the people who will act); optionally replacement attorneys; a certificate provider (an independent person who confirms the donor understands the LPA and isn't being pressured); and witnesses for the signatures. The certificate provider must be someone who has known the donor for at least two years, or a professional such as a doctor or solicitor.
Can I set up an LPA after my parent has lost mental capacity?
No. An LPA can only be made while the donor still has the mental capacity to understand and agree to it. If your parent has already lost capacity, it is too late for an LPA — you would instead have to apply to the Court of Protection to become their deputy, which is slower and more expensive. This is why setting up LPAs early is so important.
How long does it take to register an LPA?
Once the signed forms are sent to the Office of the Public Guardian, registration typically takes around 8 to 20 weeks, partly because there is a statutory four-week waiting period during which objections can be raised. Start the process well before the LPA is likely to be needed.
Do I need a solicitor to make an LPA?
No. Many people complete LPAs themselves using the official forms on GOV.UK, which only costs the £82 registration fee per LPA. A solicitor can help if the situation is complex (for example, business interests or family disagreements), but it is not required.
Does an English or Welsh LPA work in Scotland or Northern Ireland?
No. This checklist covers England and Wales only. Scotland has its own system of Power of Attorney registered with the Office of the Public Guardian (Scotland), and Northern Ireland uses an Enduring Power of Attorney for finances plus separate arrangements for health decisions. The forms, rules and fees are different in each nation.
Can my attorney make any decision they like?
No. Attorneys must always act in the donor's best interests, follow the principles of the Mental Capacity Act 2005, keep the donor's money separate from their own, and respect any instructions or preferences written into the LPA. A Health and Welfare attorney can only act once the donor lacks capacity. Misuse can be reported to the Office of the Public Guardian.
Last updated: June 2026. Sources: Lasting Power of Attorney (gov.uk); Register an LPA (gov.uk); LPA fee reductions and exemptions (gov.uk).