Starting a Lasting Power of Attorney can feel much easier when you know what information you need. Many people delay the process because they think it will be complicated. But with a simple checklist, you can prepare the key details in advance and avoid unnecessary stress.
Decide which LPA you need
There are two types of Lasting Power of Attorney. A Property & Financial Affairs LPA covers money, bank accounts, bills, pensions, benefits, property and financial administration. A Health & Welfare LPA covers care, medical treatment, daily routine, where you live and life-sustaining treatment decisions. Some people only make one. Many people choose both for wider protection.
Choose your attorney or attorneys
Your attorney is the person, or people, you trust to act for you. Think carefully about who is trustworthy, reliable, practical and good with responsibility. You can choose more than one attorney. You may also want to choose replacement attorneys. See our full guide on choosing your LPA attorney.
Speak to your chosen attorneys
Do not surprise someone with the role. Speak to them first. Explain that you are setting up a Lasting Power of Attorney and ask whether they would be comfortable being appointed. They should understand that this is a serious responsibility.
Gather names and addresses
You will need your full legal name, address and date of birth, along with the full names and addresses of your attorneys, replacement attorneys, certificate provider and anyone to notify. Small mistakes can cause delays — use full legal names.
Think about how attorneys should make decisions
Attorneys may act jointly (must decide together) or jointly and severally (can act together or separately). Jointly can feel more controlled but may cause delays. Jointly and severally is more flexible but requires strong trust.
Consider preferences and instructions
LPA forms may allow preferences (wishes your attorneys should consider) and instructions (things they must follow). Be careful with wording. For complex instructions, legal advice may be sensible. See our guide on common LPA mistakes to avoid.
Choose a certificate provider
The certificate provider is very important in declaring the donor has the mental capacity, and can understand independently, what they are signing, and is not being forced into doing it. Ideally a certificate provider will speak to the donor separately, and privately, before signing and witnessing the LPA application. The certificate provider must not be related to the donor, or attorney, must be aged 18 or over, have known the donor for at least two years, and not be classed as an employee of the donor, or attorney. The certificate provider can be a professional, such as a doctor, solicitor, registered social worker, or an independent mental capacity advocate.
Understand the OPG registration fee
The Office of the Public Guardian charges a registration fee per LPA. This is separate from any service fee. See our pricing page and cost calculator for a clear breakdown. You may qualify for a reduction or exemption.
Plan signing and witnessing carefully
LPA signing rules matter. Forms must be signed and witnessed correctly, in the correct order. This is one of the most common causes of delay — read our guide on common LPA mistakes to avoid.
Store your documents safely
Once registered, keep the documents safe and ensure your attorneys know where they are. Once registered LPAs can be accessed online, via the Government link 'Use a lasting power of attorney' guide, which enables donors and attorneys to set up an account. They can then share a secure, temporary access code, to verify their authority, to banks healthcare providers, and other approved organisations, instead of having to e-mail, or providing the physical paper document. The OPG will send a letter to the donor, and attorneys, confirming the registration of the LPA, and provide an LPA Reference Number and Activation Key to link the LPA to their digital account.
Quick LPA Preparation Checklist
- Decide whether you need Property & Financial Affairs, Health & Welfare, or both
- Choose your attorney or attorneys
- Choose replacement attorneys, if needed
- Speak to your chosen attorneys
- Gather full names and addresses
- Think about how attorneys should act (jointly or jointly and severally)
- Consider preferences and instructions
- Choose a certificate provider
- Decide whether anyone should be notified
- Understand the OPG registration fee
- Plan signing and witnessing carefully
- Check whether you need printing help
- Store documents safely after registration
- Tell the right people where documents are kept
Ready to start your LPA?
Contact Lasting Power of Attorney Assistance for simple, affordable help. Based in Hitchin, supporting people locally and across England and Wales. From £50.
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