Discreet · Secure
020 8064 1999 Book a Consultation
Fairchild Oldfield Fairchild Oldfield Estate Planning · Limited
Book a Consultation

Lasting Power of Attorney

How to Set Up a Lasting Power of Attorney

The steps to create and register an LPA in England and Wales, who is involved, and what it costs to put one in place.

9 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

£92
The fee to register one lasting power of attorney with the Office of the Public Guardian in England and Wales, or £184 for both types, before any reduction or exemption.
Source: gov.uk, as at July 2026, subject to change.

To set up a lasting power of attorney in England and Wales, you choose the type of LPA you need, name your attorneys and a certificate provider, complete the forms online or on paper, sign them in the correct order, and register the LPA with the Office of the Public Guardian before it can be used.

An LPA lets people you trust make decisions for you if you later cannot make them yourself. This guide walks through each step, the roles involved, and the fees. It sits within our wider estate planning guide, and our fuller explainer covers Lasting Power of Attorney Explained. Figures are current as at July 2026 and are subject to change.

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people, your attorneys, to make decisions on your behalf if you lose the mental capacity to make them yourself. You must be 18 or over and have mental capacity when you make it (gov.uk, as at July 2026). It must be registered before it can be used.

The two types of LPA

There are two types of lasting power of attorney, and you can make one or both. A health and welfare LPA covers decisions about daily care, medical treatment and where you live, and can only be used once you lack capacity. A property and financial affairs LPA covers money, bills and property, and can be used as soon as it is registered if you allow it (gov.uk, as at July 2026, subject to change). Our guide to the types of LPA looks at each in more detail.

Type of LPAWhat it coversWhen it can be used
Health and welfareDaily care, medical treatment, moving into a care homeOnly once you lack mental capacity
Property and financial affairsMoney, bills, bank accounts, buying or selling propertyAs soon as registered, with your permission, or later

Source: gov.uk/power-of-attorney, as at July 2026, subject to change.

Who is involved in setting one up

Several roles sit within an LPA, and it helps to line them up before starting the forms. The donor is the person making the LPA. Attorneys are the people chosen to make decisions. A certificate provider confirms the donor understands the document and is not under pressure. There is also an option to name people to be told when the LPA is registered (gov.uk, as at July 2026).

  • Donor. The person making the LPA, who must have mental capacity at the time.
  • Attorney(s). One or more people, aged 18 or over, chosen to act. You can say whether they act jointly or separately.
  • Certificate provider. An independent person who confirms you understand the LPA and are not being pressured into it.
  • People to notify (optional). Anyone you choose to be told when the LPA is sent for registration, giving them a window to raise concerns.

How it works in practice

Setting up an LPA, step by step

I

Choose your attorneys

Decide who will act, whether jointly or separately, and pick a certificate provider.

II

Complete the forms

Fill in the LPA online or on paper for each type you want to make.

III

Sign in order

You, your certificate provider and your attorneys sign in the correct sequence.

IV

Register the LPA

Send it to the Office of the Public Guardian with the fee, or a reduction request.

V

Wait for registration

Registration usually takes several weeks, after which the LPA can be used.

You can complete an LPA online or on paper, but in both cases you still print, sign and post the forms, and the signing has to follow a set order so the document is valid (gov.uk, as at July 2026). An LPA cannot be used until it has been registered with the Office of the Public Guardian, so leaving registration until capacity is already in doubt can cause problems.

A worked example (illustration only). Say a couple in their sixties decide to make both types of LPA each while they are both well. Each person names the other as first attorney and an adult child as replacement. They complete four LPAs in total, two property and financial affairs and two health and welfare. Registering all four would cost £368 at £92 each, before any reduction or exemption (gov.uk, as at July 2026, subject to change). Because they act early, the documents are registered and ready long before either might need them. Every situation differs, so this is general information rather than a plan for anyone in particular.

Mental capacity and timing

Mental capacity is central to setting up an LPA. You can only make one while you still have the capacity to understand it, which is why many people choose to put an LPA in place well before they think they will need it (gov.uk, as at July 2026). If someone has already lost capacity and has no LPA, the family generally cannot make one for them, and an application to the Court of Protection to become a deputy may be needed instead (gov.uk, becoming a deputy, as at July 2026). That route tends to be slower and more expensive.

The numbers

What does it cost to set up an LPA?

Registering an LPA with the Office of the Public Guardian costs £92 for each one, so making both a health and welfare LPA and a property and financial affairs LPA comes to £184 in total, before any reduction or exemption (gov.uk, as at July 2026, subject to change). A reduction may be available if your income is below a set level, and an exemption may apply if you receive certain means-tested benefits (gov.uk, LPA fees, as at July 2026). Using a professional to prepare the forms is a separate cost. Our guide sets out power of attorney costs in more detail.

ItemFee (July 2026)
Register one LPA£92
Register both types£184
Low income (reduction)Reduced fee may apply
Certain benefits (exemption)No fee may apply

Source: gov.uk/power-of-attorney and gov.uk fees, as at July 2026, subject to change. Professional fees are separate and vary.

The registration fee

£92

The fee to register a single LPA in England and Wales, before any reduction or exemption. A reduction may apply on a low income, and an exemption on certain benefits, according to gov.uk as at July 2026 and subject to change.

LPAs in Scotland and Northern Ireland

This guide describes the law of England and Wales, where LPAs are registered with the Office of the Public Guardian. Scotland has its own system of continuing and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland). Northern Ireland has an enduring power of attorney for financial matters, with different arrangements for health and welfare decisions. If your affairs touch more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

How do I set up a lasting power of attorney?

You choose the type of LPA you need, name your attorneys and a certificate provider, complete the forms online or on paper, sign them in the correct order, and register the document with the Office of the Public Guardian before it can be used (gov.uk, as at July 2026). Many people choose to do this while they are well.

How much does it cost to set up an LPA?

Registering an LPA costs £92 for each one, or £184 for both types, before any reduction or exemption, according to gov.uk as at July 2026 and subject to change (gov.uk). A reduction may apply on a low income and an exemption on certain benefits (gov.uk fees). Any professional fees are separate.

Can I set up an LPA myself without a solicitor?

Many people complete an LPA themselves, online or on paper, without a solicitor. Where the family situation is complex, or there are business assets or concerns about capacity, some choose to involve a solicitor or another qualified professional. Because an error can invalidate the document, it can be worth taking advice before signing where anything is unclear.

How long does it take to register an LPA?

Registration with the Office of the Public Guardian usually takes around 8 to 10 weeks where there are no mistakes, according to gov.uk as at July 2026 and subject to change (gov.uk). Errors on the form can add delay, which is one reason many people set an LPA up early rather than waiting until it is needed.

Can I set up an LPA for someone who has lost capacity?

No. An LPA can only be made by someone who still has the mental capacity to understand it (gov.uk, as at July 2026). Where capacity has already been lost, a family member may instead apply to the Court of Protection to become a deputy (gov.uk, as at July 2026). That process is generally slower and can cost more.

Do I need both types of LPA?

Not necessarily. Some people make only a property and financial affairs LPA, others only a health and welfare LPA, and many make both. Each covers a different area of decision-making and each is registered separately (gov.uk, as at July 2026). Which combination suits you depends on your circumstances, and it can be worth discussing with a qualified professional.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Plan ahead with confidence

Wills, trusts and powers of attorney, considered together with one point of contact.

Book a Free Consultation