The Care CompassHow to Set Up a Lasting Power of Attorney in the UK. A Plain English Family Guide
One of the most important things any family can do when a parent or loved one begins to need care is to set up a Lasting Power of Attorney. Yet most families leave it too late, or don't know it exists until they desperately need it.
This guide explains exactly what an LPA is, why it matters, and how to set one up in plain English. Whether you've heard it called setting up, arranging, applying for, or simply making a Lasting Power of Attorney. They all mean the same thing, and this guide covers the whole process.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows someone you trust, called an attorney, to make decisions on your behalf if you lose the ability to make them yourself.
There are two types:
Property and Financial Affairs LPA . Covers decisions about bank accounts, bills, property and investments.
Health and Welfare LPA . Covers decisions about medical treatment, care arrangements and daily routine. This one can only be used when you no longer have mental capacity.
You can set up one or both. Most families choose both.
Why does it matter so much?
Without an LPA in place, if your parent loses mental capacity, through dementia, a stroke, or serious illness, nobody has the legal authority to manage their finances or make care decisions on their behalf. Not even their spouse. Not even their children.
Instead, you would need to apply to the Court of Protection for a Deputyship Order. A process that can take 6 to 12 months, cost over £1,000 and cause enormous stress at an already difficult time.
An LPA costs £92 to register (this rose from £82 in November 2025) and can be set up in a matter of weeks. The difference in cost, time and stress is significant.
When should you set one up?
As early as possible. The person giving the LPA, called the donor, must have mental capacity at the time of signing. Once dementia or another condition has progressed to the point where capacity is lost, it is too late.
If your parent has recently been diagnosed with dementia or another progressive condition, setting up an LPA should be one of your first priorities.
How do you set one up?
There are two ways:
Through a solicitor . A solicitor will guide you through the process, ensure everything is completed correctly and register it with the Office of the Public Guardian. Costs typically range from £300 to £500 per LPA.
Through the GOV.UK online service . You can complete the LPA forms yourself at gov.uk/power-of-attorney. The registration fee is £92 per LPA (this rose from £82 in November 2025). This route works well for straightforward situations but it is easy to make mistakes, so read the guidance carefully.
What does the process involve?
You will need to choose your attorney or attorneys, choose a certificate provider who confirms the donor understands the document and is not being pressured, sign the document in the correct order, and register with the Office of the Public Guardian. This currently takes around 20 weeks.
Choosing an Attorney
Your attorney doesn’t need to be a solicitor. Most people choose a spouse, adult child, or close friend. They must be 18 or over and have mental capacity themselves. Beyond that, the real question isn’t legal, it’s practical: who do you genuinely trust to act in your interests, who’s organised enough to manage paperwork and deadlines, and who’s realistically going to be available when needed. Geographically and in terms of time?
You can appoint more than one attorney, and choose whether they must act jointly (all agree on every decision) or jointly and severally (each can act independently). You can also name replacement attorneys, who step in automatically if your original attorney can no longer act. Without needing to create a new LPA.
It’s also possible to appoint a professional attorney, such as a solicitor, though this typically comes with ongoing fees rather than being a one-off cost.
What an Attorney Actually Has to Do
Being appointed as an attorney isn’t just a title. It comes with real legal duties under the Mental Capacity Act 2005:
Act in the donor’s best interests, not your own convenience. Follow any instructions in the LPA exactly, and consider any preferences. Keep the donor’s money completely separate from your own, if you’re a Property & Financial Affairs attorney. Keep clear records of decisions and spending. You may be asked to account for them. Never benefit yourself from the donor’s money or assets, beyond reasonable gifts the donor themselves would have made. Never delegate your decision-making to someone else.
The Office of the Public Guardian can investigate if there are concerns about how an attorney is acting, and the Court of Protection can remove an attorney who isn’t fulfilling these duties properly.
What if my parent already has dementia?
This depends on whether they still have mental capacity. Dementia does not automatically mean someone has lost capacity. It is decision-specific and can fluctuate. A GP or solicitor can help assess capacity.
If capacity has already been lost, you will need to apply for a Court of Protection Deputyship instead. This is more complex and expensive but it is the only legal route available.
Cancelling or Changing an LPA
An LPA can only be cancelled by the donor, and only while they still have mental capacity to make that decision. This is done through a Deed of Revocation . A specific legal wording, signed and witnessed, sent to the Office of the Public Guardian along with the original LPA document.
One thing that surprises people: you can’t simply edit or amend an existing LPA. If circumstances change, a new attorney is needed, or details need updating, the only route is to revoke the existing one entirely and register a brand new one, paying the £92 fee again.
Once someone has lost mental capacity, they can no longer revoke their own LPA, only the Court of Protection can do so at that point, and only in narrow circumstances such as attorney misconduct. This is exactly why reviewing your LPA choices while you’re still able to is worth doing, rather than leaving it fixed indefinitely.
A word from The Care Compass
When my dad was diagnosed with cancer and my mum's dementia was advancing, LPAs were one of the first things we had to navigate, and one of the things I wished someone had explained clearly from the start.
If you are at the beginning of this journey, please do not delay. Setting up an LPA early is one of the most important gifts you can give your family.
If you need help finding a solicitor who specialises in LPAs, visit our Resources page where we list trusted providers.
This article is for guidance only and does not constitute legal advice. Please consult a qualified solicitor for advice specific to your situation.
Common Questions About LPAs
When does an LPA actually start working?
It depends which type. A Property & Financial Affairs LPA can be used as soon as it's registered, even while you still have full mental capacity, if you choose to let your attorney help sooner. A Health & Welfare LPA only ever comes into effect once you've lost the capacity to make those decisions yourself. Neither type does anything at all until it's registered with the Office of the Public Guardian. Simply signing the form isn't enough.
What happens if I don't have one and lose capacity?
Your family can't simply step in. Someone would need to apply to the Court of Protection to become your Deputy. A longer, more expensive process, with a court application fee and typically several months' wait, and the court decides who's appointed rather than you choosing in advance.
Can I change my mind after it's registered?
Yes. As long as you still have mental capacity, you can cancel or update an LPA at any time. It only becomes fixed once you've lost the capacity to make that decision yourself.
Who can I choose as my attorney?
Anyone aged 18 or over that you trust. Commonly a spouse, adult child, or close friend. For financial decisions, your attorney can't be an undischarged bankrupt. A paid care worker generally can't act as your attorney either, except in unusual circumstances.
How long does registration actually take?
Several weeks at minimum, and processing times do vary. It's worth checking the current estimate on GOV.UK before you apply, and starting well before you think you'll need it, not once a crisis is already underway.
Do I need a solicitor to make one?
No, you can complete and register an LPA yourself using the official GOV.UK forms for the £92 registration fee. A solicitor can help with more complex family situations, contested capacity, or if you'd simply rather have it handled for you. Typically £300–£500 on top of the registration fee, but it isn't a legal requirement.
How do I arrange or apply for a Lasting Power of Attorney?
"Arranging," "applying for," "setting up" and "making" an LPA all describe the same process. You can arrange it yourself through the GOV.UK online service (gov.uk/power-of-attorney) for a £92 registration fee, or arrange it through a solicitor, who typically charges £300–£500 on top of that fee. Either way, the donor must have mental capacity at the time of applying. This can't be arranged after capacity has already been lost.
You don’t have to navigate it alone.