A lasting power of attorney is a legal document that lets you (the ‘donor’) appoint people (known as ‘attorneys’) to make decisions on your behalf.

It could be used if you became unable to make your own decisions.

There are 2 types of lasting power of attorney:

• health and welfare
• property and financial affairs

You can choose to make 1 type or both.

You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make your lasting power of attorney.

You may need a court-appointed deputy instead if you’re not able to make your own decisions.

Contact the Office of the Public Guardian if you don’t know what you should do.

Health and welfare lasting power of attorney

This allows you to choose 1 person or more to make decisions about things like:

• your daily routine (eg eating and what to wear)
• medical care
• moving into a care home
• life-sustaining treatment

This type of lasting power of attorney can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

This lets you choose 1 person or more to make decisions about money and property for you, eg:

• paying bills
• collecting benefits
• selling your home

This type of lasting power of attorney can be used as soon as it’s registered, with your permission.

How to make a lasting power of attorney

1. Choose your attorney (you can have more than 1).

2. Fill in the forms to appoint them as an attorney.

3. Register your lasting power of attorney with the Office of the Public Guardian (this can take up to 8 weeks).

There is a different process in Scotland and Northern Ireland.

You can choose 1 person or more to make decisions on your behalf, as your ‘attorney’.

When choosing an attorney, think about:

• how well the person looks after their own affairs, eg their finances
• how well you know them
• if you trust them to make decisions in your best interests
• how happy they will be to make decisions for you

Who can be your attorney

Your attorney can be anyone 18 or over, eg:

• a relative
• a friend
• a professional (like a solicitor)
• your husband, wife or partner

Who can’t be your attorney

You can’t choose someone who is:

• under 18
• unable to make their own decisions
• subject to a debt relief order or currently bankrupt (if you’re making a lasting power of attorney for property and financial affairs)

You’ll need to fill in certain forms to make a lasting power of attorney.

You can choose to:

• fill in the forms online (the quickest method)
• download the forms
• ask for the forms to be posted to you (you should get them within 14 days)

You must then register your lasting power of attorney - otherwise an attorney won’t be able to make decisions for you. This can be done straight away, or when needed.

A lasting power of attorney can only be used if it’s been registered by the Office of the Public Guardian.

You can apply to register a lasting power of attorney if you’re:

• the person who needs the attorney (the ‘donor’)
• the attorney

If you’re the donor, you must be able to make your own decisions when you register.

It can take up to 8 weeks to register a lasting power of attorney if there are no mistakes in the application.

Inform ‘people who need to be told’

Before you register, send a notice of intention to register to all the 'people to be told' listed in the lasting power of attorney.

They’ll have 3 weeks to raise any concerns.

How to register

You can register online if you initially made your lasting power of attorney online.

Otherwise, fill in the application to register and send it to the Office of the Public Guardian as soon as possible after you’ve sent the ‘notice of intention’ form to the people who need to be told.

Make sure you include:

• the original lasting power of attorney form
• the fee, unless you’re applying for help with fees

You can send a certified copy if you don’t have the original form. Say in a covering letter why you don’t have the original.

You (the donor) can certify a copy of your registered lasting power of attorney if you still have mental capacity.

You must write the following text on the bottom of every page of the copy:

I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.

On the final page of the copy, you must also write:

I certify this is a true and complete copy of the lasting power of attorney.

You need to sign and date every page.

The following people can make a certified copy if you no longer have mental capacity:

• a solicitor
• a person authorised to carry out notarial activities
• a member of the stock exchange

It costs £110 to register each lasting power of attorney.

Registering both types of lasting power of attorney costs £220.

You can pay by credit or debit card if you register a lasting power of attorney online.

You must pay by cheque if you don’t register online. Make cheques payable to ‘Office of the Public Guardian’ for the full amount.

Write the donor’s name on the back of the cheque, as well as the case and fee numbers, if you know them.

If your form is returned because it's invalid, you can apply again within 3 months for £55.

Get a discount or help with fees

You may not have to pay the fees if you’re on means-tested benefits or a low income.

You can apply for help with fees.

Choose the right form to object to registration of a lasting power of attorney, depending on your role and your reason for objection.

Object as a donor

As a donor you can object for any reason - you don’t need factual grounds. Use the donors’ objection form (LPA006).

Object on factual grounds

As an attorney or one of the 'people to be told' you can object on the following factual grounds:

• the donor or an attorney has died
• the donor and an attorney were married or had a civil partnership but have divorced or ended the civil partnership
• an attorney doesn’t have the mental capacity to be an attorney
• an attorney has chosen to stop acting (known as ‘disclaiming their appointment’)
• the donor or an attorney are bankrupt, interim bankrupt or subject to a debt relief order (property and financial affairs only)

Use the factual grounds form (LPA007).

Object on other grounds

Anyone can object on the following ‘other’ grounds:

• the lasting power of attorney isn’t legally correct
• you don’t believe the donor had mental capacity to make a lasting power of attorney
• the donor cancelled their lasting power of attorney when they regained capacity
• there was fraud or the donor was pressured to make a lasting power of attorney
• an attorney is acting above their authority or against the donor's best interests

You must pay a £400 court fee to object on 'other' grounds if you're not an attorney or one of the 'people to be told'.

Use the ‘other’ grounds form (LPA008).

You’ll also need to apply to the court by completing the Court of Protection application forms.

Return your completed forms to the Court of Protection, with:

• the requested documents
• a cheque made payable to the ‘Court of Protection’

You can cancel a lasting power of attorney at any point if you’re the donor, even if it’s been registered.

You must complete a statement called a ‘deed of revocation’ to do this. Use the following wording to do this.

Example of a ‘deed of revocation’

This deed of revocation is made by [donor’s name] of [donor’s address].

1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I revoke the lasting power of attorney and the authority granted by it.

Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

You must be able to make your own decisions when you cancel.

Send the deed of revocation to the Office of the Public Guardian with the original documents.

If you don’t want to be an attorney

You can give up or ‘disclaim’ your responsibility if you don’t want to be an attorney.

To do this, fill in the disclaimer and return it to the Office of the Public Guardian with the original documents.

Other ways a lasting power of attorney can end

A lasting power of attorney will end automatically if the attorney:

• dies
• loses the ability to make decisions - ‘mental capacity’
• divorces or ends a civil partnership with the donor

It can continue if:

• there are other attorneys who can act ‘jointly and severally’
• there are replacement attorneys

The lasting power of attorney will come to an end if the attorneys can only make decisions together and 'act jointly'.

A property and financial affairs lasting power of attorney can come to an end if the attorney becomes bankrupt, unless there are other attorneys in place.

Enduring powers of attorney have been replaced by lasting powers of attorney in England and Wales. However, they can still be used if they were made and signed before October 2007.

There is a different process in Scotland and Northern Ireland.

You must register the enduring power of attorney if the donor is losing, or has lost the ability to make their own decisions.

Cancel an enduring power of attorney

You can cancel an unregistered enduring power of attorney at any time if you’re the donor.

You’ll need to get the permission of the Court of Protection if it’s been registered.

You’ll need to prove that you’re able to make your own decisions.

Court of Protection
Telephone: 0300 456 4600
Textphone: 020 7664 7755
Find out about call charges

Office of the Public Guardian customerservices@publicguardian.gsi.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Calling from abroad: +44 300 456 0300
Monday to Friday, 9am to 5pm (except Wednesday)
Wednesday, 10am to 5pm
Find out about call charges

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Document Exchange (DX) address

Office of the Public Guardian
DX 744240
Birmingham 79