How to Set Up a Power of Attorney
You can make and register a Lasting Power of Attorney (LPA) in England and Wales yourself, online through the Office of the Public Guardian, or on paper, without paying a solicitor. The process is straightforward if you take it step by step. Here's exactly what to do, who needs to be involved, and how long it takes.
- ✓You can make and register an LPA yourself, online or on paper, without paying a solicitor.
- ✓Registration costs £92 per LPA, so £184 for both types, with a reduction or exemption available on a low income or certain benefits.
- ✓The online service at lastingpowerofattorney.service.gov.uk catches common errors as you build it. Paper forms LP1H and LP1F are still available.
- ✓Your certificate provider must be someone who has known you well for at least 2 years, or a relevant professional such as a GP or solicitor. It cannot be a family member, an attorney, or their relatives.
- ✓Decide before you start whether attorneys act jointly or jointly and severally, and name replacements, because that is what stops the LPA failing later.
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Before you start
You can only make an LPA while you have mental capacity. You'll also need to decide a few things in advance:
Making the LPA, online or on paper
There are two routes in England and Wales:
The certificate provider
Every LPA needs a certificate provider, an independent person who signs to confirm that you understand what you're doing and that nobody is pressuring or defrauding you. They must be either:
Signing and registering
The LPA must be signed by everyone in the correct order, the donor, then the certificate provider, then the attorneys, with witnesses where the form requires. Once signed, it must be registered with the Office of the Public Guardian before it can be used.
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Frequently asked questions
Can I set up a power of attorney without a solicitor?
Yes. You can make and register a Lasting Power of Attorney yourself in England and Wales, either online through the Office of the Public Guardian or on paper forms (LP1F and LP1H). A solicitor is optional, useful for complex estates or for peace of mind, but not legally required.
How long does it take to register an LPA?
Registration with the Office of the Public Guardian takes around 8 to 10 weeks if the forms contain no errors. The people you named to be told are notified and have 3 weeks to raise concerns with the Office of the Public Guardian. Because of this delay, it's best to register the LPA as soon as it's signed rather than waiting until it's needed.
Do I need a certificate provider for an LPA?
Yes. Every LPA needs an independent certificate provider who confirms you understand the document and are not being pressured into it. They must either have known you well for at least two years or be a relevant professional, such as a GP or solicitor. They cannot be a family member or one of your attorneys.
Can I make a power of attorney online?
Yes, in England and Wales you can make a Lasting Power of Attorney online through the Office of the Public Guardian's service, which guides you through and catches common mistakes. You still need to print, sign and register it. Further digital reforms, including identity verification, are being introduced under the Powers of Attorney Act 2023.
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