What is a Lasting Power of Attorney and how do you get one?

Looking to set up a Lasting Power of Attorney (LPA) in England and Wales?

Discover what’s included in this legally binding document, and how you can get one from the specialist team at Honey Legal.

Focusing exclusively on estate planning – from wills and LPAs, to trusts and probate – you can trust Honey Legal’s compassionate team of advisors to provide clear, jargon-free advice tailored carefully to your personal needs.

• What is a Lasting Power of Attorney​?

• Who should get an LPA?

• Why is it important to get an LPA?

• When should you get an LPA?

• How to get an LPA in the UK

• How can Honey Legal help?

• FAQs

A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) 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.

These attorneys can step in to carry out your wishes in relation to your finances, property, and health and welfare.

In England and Wales, we strongly recommend that anyone aged 18 years or over should get an LPA as long as they fully understand the importance of the decisions they’re making and what they’re doing.

While the average age of an LPA donor is 67, unexpected accidents, brain injuries or illnesses can cause loss of mental capacity at any age. Having an LPA in place ensures your trusted person can act immediately rather than waiting months for court approval.

Getting an LPA in England and Wales is essential for ensuring you’re well prepared for the unpredictability of life.

With an LPA, you’ll benefit from:

• Peace of mind – You’ll no longer have to worry about what happens to your health, welfare, finances, and property if you lose the required mental capacity to make your own decisions

• Asset protection – Your chosen attorneys will ensure your assets (savings, property, investments, etc.) are handled according to your wishes

• Streamlined process – Should you lose the mental capacity required to make your own decisions, an LPA ensures your attorneys can start acting on your behalf immediately, rather than waiting to receive the necessary legal permission via court

• Greater control – With an LPA, you can set out your specific wishes and choose exactly who you want to make decisions on your behalf, rather than having a court-appointed “deputy” to manage your affairs

• Reduced stress – In some cases, the need for someone to step in and make decisions on your behalf is required during stressful moments, such as a severe illness or injury. A legally valid and sound LPA prevents added stress and confusion during potentially upsetting situations

Although creating an LPA is generally associated with being older in age – according to WillSuite’s 2024 Annual Report, the average age of an LPA donor is 67 – this doesn’t mean waiting until this age is the best strategy.

While it’s true that most people experience significant and sustained cognitive decline around the age of 65, leaving making an LPA until later in life overlooks that fact that unexpected accidents and illnesses can cause a loss of mental capacity at any age.

Whether this loss is the result of a car accident, brain injury, or progressive disease like Alzheimer’s, being prepared with an LPA can help you, as well as your family and friends, to navigate these changes with greater clarity, understanding, and confidence.

In fact, it’s common for people to report feelings of stress, upset, and frustration when their close friend or family member loses mental capacity and it’s revealed that an LPA isn’t in place.

This is because someone close to the individual who has lost mental capacity must apply to the Court of Protection to become their ‘deputy’ which will grant them the legal permissions to manage the finances and welfare of the person to whom the application relates.

Unfortunately, this legal process requires court approval, annual reports, and supervision, so it can be complex, lengthy, costly, and even emotional – especially if deputyship is disputed.

Subsequently, applying for deputyship in England and Wales can take anywhere from 4-12 months. During this interim period, relevant professionals (such as doctors and social workers) and the applicant must make decisions in the person’s “best interests” as outlined in the Mental Capacity Act 2005.

An LPA, on the other hand, ensures decisions relating to your health, welfare, finances, and property are both in line with your wishes and made by a trusted person (or people) as soon as possible.

Wondering ‘how do I get Lasting Power of Attorney in England in Wales’?

This clear step-by-step guide explains where to start:

1. Speak to a specialist

First, we always recommend speaking to a reliable and experienced estate planning specialist, like Honey Legal, when creating an LPA.

A specialist solicitor ensures the LPA you create is legally sound, tailored to your needs, and properly registered with the Office of the Public Guardian (OPG), helping to limit potential confusion, delays, and issues in the future.

Our SRA-regulated solicitors provide:

•  Guidance through complex family dynamics or financial situations
•  Plain English explanations of your options
•  Notated consultations for evidence if validity is ever questioned
•  Family members welcome to join discussions

Whether you’d prefer to talk to our team over the phone or in-person within the comfort of your own home, we’ll take the time to understand your specific wishes and guide you through each step in plain English, so you can have confidence in your choices.

2. Choose an attorney

Once you’ve started to discuss your specific LPA requirements, it’ll become clear just how important it is to select a trusted attorney to make decisions on your behalf if you lose mental capacity.

Your attorney (or attorneys if you decide to appoint more than one person) 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 that you trust.

You might choose:

•  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

3. Decide on your instructions and preferences

Every LPA is unique, specially tailored to a donor’s needs.

This is because a donor’s specific beliefs and values determine how they want their health, welfare, finances, and property matters to be handled.

We don’t offer a ‘one-size-fits-all’ option at Honey Legal.

Instead, our specialist team will take into account your specific circumstances and provide personalised advice to ensure your LPA instructions are clear, practical, and legally valid.

Within your LPA, 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

4. Identify appropriate witness(es)

Next, you’ll need to choose a suitable witness for the donor signature.

That individual must meet stringent legal criteria, so it shouldn’t be a last-minute decision.

The criteria include the witness being:

•  At least 18 years old
•  Mentally capable of understanding the importance of their role
•  Impartial – not a named attorney or a family member
•  Able to witness the signature in person

You’ll also need to source an appropriate witness for the attorney’s signature.

This witness should also be an adult with mental capacity, but they can be another named attorney or your backup attorney.

5. Complete the LPA forms

The necessary LPA forms must be carefully and accurately completed to ensure you’ve provided all the required information.

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 ten to sixteen weeks, provided there are no errors in the application.

We strongly recommended that LPAs are sent for registration as soon as they are signed, while the donor still has mental capacity.

As specialists in estate planning, our expert team can help you to create an LPA that accurately reflects your wishes and clearly identifies the trusted people you want to make your attorneys.

From your free initial consultation through to aftercare, you’ll benefit from:

• In‑depth legal expertise in wills, LPAs, trusts and probate

• Solicitors that are SRA-regulated and members of The Law Society

• 14 years’ experience in this area

• A clear, supportive process from start to finish

Over the past 14 years, we’ve earned more than 16,500 5‑star Trustpilot reviews from clients who regularly praise our team for their professional and caring approach to the creation of LPAs.

Ready for your free initial consultation? We offer phone consultations or face-to-face meetings in the comfort of your home (family welcome). Face-to-face gives the most comprehensive service for this important decision.

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

📧 Email us at enquiries@honeylegal.co.uk

Alternatively, if you’d like to learn more about Honey Legal and how we work or are eager to explore other areas of estate planning, please feel free to explore our helpful FAQs page.

What are the different types of LPA available?

There are two types of LPA in England and Wales that allow you to appoint a trusted person to make decisions about your life should you lose mental capacity:

•  A Health and Welfare Lasting Power of Attorney allows the appointed attorney to make decisions about your daily routine and personal care, medical treatment, care arrangements, and where you live.
• A Property and Financial Affairs Lasting Power of Attorney allows the appointed attorney to make decisions about your money, bank accounts, bills, everyday financial commitments, savings, investments and pensions, and property.

Between drafting the document to filling out the necessary forms and waiting for OPG registration, setting up an LPA in England and Wales typically takes between 10 to 16 weeks.

Using a solicitor to draft your LPA can speed up this process by ensuring your instructions and preferences are clearly outlined, but you will still need to wait around eight to ten weeks for OPG registration.

Exactly how long it takes to set up an LPA will also depend heavily on the complexity of the donor’s wishes and beliefs.

While enlisting support from a solicitor isn’t legally necessary for obtaining an LPA, speaking to an estate planning specialist can help to prevent registration delays, which can lead to additional costs and unnecessary stress.

A specialist solicitor can ensure that the forms are filled in accurately and your wishes are clearly outlined, supporting a smooth, hassle-free LPA registration process.