Registering a Lasting Power of Attorney – What you need to do

Registering a Lasting Power of Attorney (LPA) is a crucial step in ensuring that trusted individuals can make decisions on your behalf should you lose capacity. At Fosters, our Wills, Trusts & Probate experts support individuals and families across England and Wales through this essential legal process with clarity and confidence.

Whether planning ahead or responding to a loved one’s changing needs, understanding the legal process of registering a Lasting Power of Attorney (LPA) can provide peace of mind and safeguard important decisions around health, welfare, property, and finances.

Understanding Lasting Power of Attorney

Lasting Power of Attorney (LPA) is a legal document that allows one person (the donor) to appoint another (the attorney) to make decisions on their behalf. There are two types of LPA in England and Wales:

• Health and Welfare LPA – covers decisions about medical treatment, care, and daily routines.
• Property and Financial Affairs LPA – allows the attorney to manage finances, including paying bills or selling property.

Before an LPA can be used, it must be officially registered with the Office of the Public Guardian (OPG).

Why registering a Lasting Power of Attorney Matters

Registering a Lasting Power of Attorney ensures the legal authority of the chosen attorney(s) is recognised. Without registration, the document has no legal power, even if it has been correctly signed and witnessed. Early registration also ensures that the donor retains capacity during the process, avoiding potential delays later when decisions may need to be made urgently.

How to register a Lasting Power of Attorney

1. Complete the LPA forms: You can fill out paper forms or use the online service via the GOV.UK website.
2. Sign and witness: All parties (donor, attorney(s), and certificate provider) must sign the documents correctly, with independent witnesses.
3. Notify relevant parties: If there are ‘people to be told’, they must be informed before the LPA is submitted for registration.
4. Send to OPG: Post the completed forms to the Office of the Public Guardian along with the registration fee (currently £82 per LPA).
5. Wait for confirmation: The OPG typically takes up to 20 weeks to process the application, unless there are mistakes or objections.

What happens after registration?

Once registered, the attorney can begin acting under the LPA when necessary. For property and financial affairs, this can happen even if the donor still has capacity (with their consent). Health and welfare powers can only be used once the donor has lost capacity.

Common issues in the LPA registration process

Errors during registration are common and can significantly delay the process. Key issues include:

• Incorrectly completed forms.
• Missing signatures or improper witnessing.
• Ambiguous instructions or preferences.
• Conflicting details between attorneys.

Seeking advice from a solicitor experienced in life planning law can help avoid these mistakes and speed up registration.

How long does it take to register a Lasting Power of Attorney?

It typically takes around 8 to 20 weeks to register an LPA, depending on whether the Office of the Public Guardian needs to raise any queries or deal with objections. This period includes the mandatory 4-week waiting time in which objections can be raised.

Case scenario

Margaret, aged 78, completed an LPA with the help of her solicitor after early signs of memory loss. Her daughter was named as attorney for both health and financial decisions. With legal support, the forms were accurately submitted and registered without delay. A year later, when Margaret’s capacity deteriorated, her daughter was able to make critical healthcare and property decisions immediately – thanks to Margaret having a properly registered LPA.

Expert insights from life planning law specialists

• Always register the LPA as soon as it’s completed – don’t wait until capacity is lost.
• Check all signatures and dates – most rejections are due to simple form errors.
• Informing relevant family members can prevent disputes or challenges later on.

Our Wills and Life Planning team are friendly, approachable, highly qualified and very experienced – and are here to help you plan for you and your loved ones’ futures.

Contact us for more information on Lasting Powers of Attorney.

Benefits of registering a Lasting Power of Attorney

• Legal clarity and certainty for attorneys.
• Prevents delay in decision-making.
• Peace of mind for the donor and their family.
• Safeguards against unregulated third-party control.

Challenges to consider

• Registration fees may be a barrier for some (although fee exemptions exist and reductions exist for those who qualify).
• Delays in processing if there are errors or objections.
• Complexity if multiple attorneys are appointed jointly.

Registering a Lasting Power of Attorney is not only a legal requirement – it’s a key safeguard for your future care and finances. Don’t leave it too late to get the right protection in place.

Frequently asked questions

What is registering a Lasting Power of Attorney?

Registering a Lasting Power of Attorney is the legal process of submitting an LPA to the Office of the Public Guardian, allowing the appointed attorney(s) to make decisions on the donor’s behalf.

How much does it cost to register a Lasting Power of Attorney?

It costs £82 to register each LPA. If you’re registering both a Health and Welfare LPA and a Property and Financial Affairs LPA, the total cost is £164. Some individuals may qualify for a fee reduction or exemption based on income or benefits.

How long does it take to register a Lasting Power of Attorney?

Registration usually takes 8 to 20 weeks, depending on whether any mistakes or objections occur during the process.

Can I register an LPA myself or do I need a solicitor?

You can register an LPA yourself using the GOV.UK website or paper forms, but using a solicitor can help avoid errors and ensure faster, smoother registration – especially where complex family dynamics or joint attorneys are involved.

Who is notified during the LPA registration process?

If you name “people to notify” on your LPA forms, they are given a 4-week period to raise any objections before the LPA is registered. This is an important safeguard against misuse or coercion.

Definition: What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the donor) to appoint one or more people (attorneys) to make decisions on their behalf if they lose mental capacity.

Step-by-Step: How to Register a Lasting Power of Attorney

1. Complete the LPA form online or in paper format.
2. Have it signed by the donor, attorneys, and a certificate provider.
3. Notify named individuals, if applicable.
4. Send the LPA to the Office of the Public Guardian with the registration fee.
5. Wait for registration confirmation.

Table: Types of Lasting Power of Attorney

This article was produced on the 5th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.