What you need to know about making a lasting power of attorney

Weighing up whether to make a Lasting Power of Attorney (LPA) to protect your wishes if you lose mental capacity?

Before you start the process of making and registering a Lasting Power of Attorney, it’s important to understand exactly what you need to ensure this legally binding document is robust, valid and accurate.

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more trusted people (your ‘attorneys’) to make decisions on your behalf if you lose mental capacity or need help managing your affairs.

This means they can step in to handle your finances, property, health and welfare decisions in line with your wishes. If you’re thinking about setting up an LPA in England and Wales, it helps to understand how it works and what types are available before you start the application process.

Fortunately, the specialist team at Honey Legal focuses exclusively on estate planning – covering everything from wills and LPAs, to trusts and probate.

As a result, when it comes to identifying and understanding the impact of the various legal requirements for making an LPA, you can trust our team to give you tailored advice.

In England and Wales, anyone aged at least 18 years or over can make a Lasting Power of Attorney (LPA), as long as they understand what they are doing and the decisions they are making.

The individual that makes an LPA is known as the ‘donor’, while the trusted person or people they appoint to make decisions on their behalf is referred to as the ‘attorney’. These should be people they trust, such as family members or close friends.

At Honey Legal, we aim to make the whole process feel simple and comfortable. Our team will guide you through each step, explaining everything in plain English so you feel confident in your choices.

Not only are our solicitors regulated by the Solicitors Regulation Authority (SRA) and members of The Law Society, but our consultations are also notated to ensure there’s solid evidence if the validity of the LPA is ever challenged by a close friend or relative of the donor.

Similarly, we encourage individuals interested in making an LPA to arrange a consultation in the comfort of their own home where trusted family members or friends can also be present (if desired).

The main legal requirements for making an LPA in England and Wales are that:

• You (the donor) are at least 18 and have mental capacity when you sign.
• You use the correct, up-to-date LPA forms.
• A certificate provider confirms you understand the LPA and are not under pressure.
• The LPA is signed and witnessed correctly by all parties.
• The LPA is registered with the Office of the Public Guardian before it can be used.

To make a valid LPA in England and Wales, you must meet the legal requirements for making an LPA which includes providing a significant amount of information. Understanding this information before you start will make it easier to see how to make a Lasting Power of Attorney that reflects your wishes and meets legal standards.

You’ll need:

Donor’s personal details: As the donor, you must provide essential information about yourself including your full name, address, and date of birth.

Personal wishes and instructions: The LPA should outline your personal wishes regarding how your health, welfare, finances, and property should be managed by the attorney(s) if you lose mental capacity.

If you’ve appointed more than one attorney, your wishes should also explain how you wish them to act. For example, whether they must make decisions together or can act on their own.

Attorney(s’) personal details: You also need to possess the full name, address, and date of birth of your chosen attorney or attorneys.

Witness(es): The donor’s signature on the LPA must be witnessed in person by at least one impartial individual (not an attorney or family member) who is 18, or older, and has the mental capacity to understand the responsibility of this role.

The attorney’s signature must also be witnessed in person by an adult with necessary mental capacity.

Unlike the witness for the donor’s signature, this witness can be another attorney if you’ve appointed more than one person or the backup attorney.

Certificate provider: A certificate provider is the person who signs the document after the donor to confirm that the donor possesses the required mental capacity and is not acting under duress.

This provider must be an independent person aged at least 18 years old who has either known the donor for at least two years or is a professional, such as a doctor, solicitor, or social worker.

Optional details you may also want to include

Backup attorney’s personal details: In case your chosen attorney is unwilling or unable to act, you should provide the same personal details for a backup attorney.

People to notify: As part of the safeguarding process, some donors may choose to inform up to five trusted individuals (often family or close friends) that they intend on registering an LPA.

These individuals then have three weeks to raise any concerns they might have regarding the validity of the LPA.

Regardless of whether you’re tackling this complex task yourself or with support from a specialist solicitor, knowing how to make a Lasting Power of Attorney can help you to navigate the process with greater confidence and clarity.

To make a Lasting Power of Attorney in England and Wales, you must

1. Understand your LPA options

As there are two types of LPA in England and Wales (Health and Welfare, and Property and Financial Affairs), it’s important to understand the decision-making power granted to appointed attorneys.

There are two types of LPA in England and Wales:

Property and Financial Affairs LPA

This allows your attorney(s) to make decisions about your money and property, including your bank accounts, investments, debts and property transactions.

Health and Welfare LPA

This allows your attorney(s) to make decisions about your care and health, including living arrangements, daily routine, medical treatment and life‑sustaining treatment.

While there’s no legal obligation for donors to create both types of LPA, it’s strongly recommended for greater peace of mind and protection across all areas of their life.

Speaking to a specialist estate planning firm, like Honey Legal, at this stage can ensure you have a clear understanding of your options, helping you to create a more suitable arrangement for your specific circumstances.

2. Choose suitable attorney(s)

Your attorney must meet the legal criteria for being an LPA attorney (for example, being at least 18 and having mental capacity), but they also need to be someone you trust.

You might appoint:

• A spouse or partner
• Adult children
• A close friend or relative
• A relevant professional, such as a solicitor, accountant or doctor, if you do not have family or friends who are able or willing to act

This person – or people, if you appoint more than one – may be making decisions about where you live, whether you withdraw money from savings, or what medical treatment you receive. It’s important they understand your values and can act in line with your wishes.

3. Decide on your instructions and preferences

No two LPAs are the same.

Containing personal preferences driven by the donor’s specific beliefs and values, these legally binding documents should be specially tailored to the individual they pertain to.

At Honey Legal, you’ll find there’s no ‘one-size-fits-all’ option.

You can include:

• How you would like your money and property managed
• Your preferences for care and living arrangements
• Your views on medical treatment, including life‑sustaining treatment
• Any restrictions or conditions you want to place on your attorney’s power

At Honey Legal, we take the time to understand your specific circumstances and advise on how to structure your instructions so they are clear, practical and legally sound.

4. Identify appropriate witness(es)

Deciding on a witness shouldn’t be a last-minute decision.

Legally required to meet strict criteria, an appropriate LPA witness for a donor signature must:

• Be at least 18 years old
• Be mentally capable of understanding the importance of their role
• Be impartial – not a named attorney or a family member
• Be able to witness the signature in person

The attorney’s signature must also be witnessed by an adult with mental capacity. In this case, the witness can be another named attorney or your backup.

5. Complete the LPA forms

Whether you complete the LPA forms yourself or with the help of a solicitor, this step must be done carefully and accurately. Any mistakes or missing information can delay the registration process or lead to your application being rejected.

6. Register LPA with the Office of the Public Guardian (OPG)

Once you are happy with the content of your LPA and all parties have signed, it must be sent to the Office of the Public Guardian for registration.

The registration process typically takes around eight to ten weeks, provided there are no errors in the application. It is strongly recommended that LPAs are sent for registration as soon as they are signed, while the donor still has mental capacity.

Making an LPA in England and Wales can take anywhere from just over 10 weeks to more than five months, depending on how quickly you decide on your attorneys, complete the forms and gather signatures.

On top of the time it takes to prepare the document, you should also allow for the OPG’s registration period, which usually takes between ten and sixteen weeks. Using a specialist like Honey Legal can help speed up and streamline the process, reducing delays and stress.

Wondering whether you can set up your own LPA in England and Wales? In short, yes you can.

However, LPAs can be complex and, in some cases, urgent. Making small mistakes on the forms or missing key safeguards can delay registration, increase the risk of rejection, or even leave your family facing court‑appointed deputies if your LPA is challenged or invalid.

Using an experienced estate planning specialist, such as Honey Legal, can help you:

• Ensure your LPA is legally sound and fully compliant with the law, so it can be used when it’s needed most.
• Capture your wishes clearly and thoughtfully, reducing the chance of confusion or disagreement later.
• Avoid common errors that slow down the Office of the Public Guardian’s registration process.
• Provide documented evidence that the LPA was made freely and with understanding, giving you and your family greater confidence if its validity is ever questioned.
• Failing to create a valid LPA can lead to family conflict, time‑consuming and costly court proceedings, and a complete loss of choice over who manages your finances and makes decisions about your health if you lose mental capacity.
• By working with a specialist estate planning team that focuses exclusively on wills, LPAs and related matters, you reduce unnecessary risk and give yourself and your family long‑term peace of mind.

Alongside making the process of creating an LPA quicker, an LPA specialist can also make it simpler and less stressful for both the donor themselves and their family.

Trusted by thousands of individuals across the UK every year, we provide clear, honest and jargon-free advice so you fully understand what your LPA means and how it will be used. We also offer ongoing support if your circumstances or wishes change, so your LPA can continue to reflect your needs over time.

If you’d like help making a Lasting Power of Attorney that’s tailored to you, our specialist team can guide you through every step.

Our motto, “Do The Right Thing,” shapes every move we make here at Honey Legal, ensuring we only recommend solutions that we truly believe are in your best interests.

As specialists in estate planning, choosing our team to help create your LPA means you’ll benefit from:

• In‑depth legal expertise in wills, LPAs, trusts and probate
• 14 years’ experience in this area
• A clear, supportive process from start to finish

We’re proud to have earned over 16,500 5‑star Trustpilot reviews from clients who value our professional yet friendly service.

We also combine this professional knowledge with a caring, transparent approach to the creation and registration of LPAs, ensuring you feel looked after, confident, and fully informed at every stage.

We offer free initial consultations that can take place over the phone, or in the comfort of your own home – whichever makes you feel most at ease!

We also welcome the presence of close friends or family members in these discussions for additional support, therefore a face-to-face meeting is always recommended.

📞 Call us on 0800 9 500 100 (quote: SOCIAL)

📧 Email us at enquiries@honeylegal.co.uk

Alternatively, if you have a question about how we work or which areas of estate planning we can help with, please feel free to explore our helpful FAQs page.