LASTING POWER OF ATTORNEY (LPA) — APPLICATION PACK & GUIDANCE

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PART A — OVERVIEW & GUIDANCE

A Lasting Power of Attorney is a legal document that lets you (the donor) appoint one or more people you trust (your attorneys) to make decisions on your behalf. It gives you control over what happens if you have an accident or an illness and cannot make your own decisions (you “lack mental capacity”). There are two separate types of LPA, made under the Mental Capacity Act 2005:

• Property and Financial Affairs LPA (official form LP1F). This covers decisions about money and property — for example managing bank and building society accounts, paying bills, collecting benefits or a pension, and buying or selling property. Once registered, and with your permission, it can be used both while you still have mental capacity and after you lose it.
• Health and Welfare LPA (official form LP1H). This covers decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home, and — if you specifically give this power — life-sustaining treatment. It can only be used once it is registered and you have lost the mental capacity to make the relevant decision yourself.

When each is used. Many people make both types so that a trusted person can manage their finances and also speak for them on health and care matters. You can make one without the other. Each LPA is a separate document, registered separately, with its own fee.

Who is involved.

• Donor — you, the person making the LPA. You must be aged 18 or over and have mental capacity to make the LPA at the time you sign it.
• Attorney(s) — the person or people you appoint to make decisions. Each must be aged 18 or over (and, for a Property and Financial Affairs LPA, not bankrupt or subject to a debt relief order). You can appoint more than one attorney and decide how they must act (see Part B).
• Replacement attorney(s) — optional back-up attorneys who step in if an original attorney can no longer act (for example through death, illness, loss of capacity, bankruptcy, or resignation).
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• People to be told (people to notify) — optional. You may choose people who should be told when an application is made to register the LPA, giving them a chance to raise concerns. Choosing people to notify is an extra safeguard, not a requirement.
• Witnesses — each signature (donor and attorneys) must be witnessed. A witness must be 18 or over. The donor’s signature cannot be witnessed by an attorney; an attorney’s signature cannot be witnessed by the donor.

PART B — DETAILS WORKSHEET

Complete every field below before you start the official form. Fields marked (F) apply to the Property and Financial Affairs LPA, (H) to the Health and Welfare LPA, and (both) to either. Add extra rows on a separate sheet if you have more attorneys or people to notify.

B1. Donor details (both)

Full legal name of donor	________
Any other names used	________
Date of birth	________
Full home address	________
Postcode	________
Telephone number	________
Email address	________
Type(s) of LPA being made	________

B2. Attorneys (both) — the people you appoint to make decisions.

Detail	Attorney 1	Attorney 2	Attorney 3
Full name	________	________	________
Date of birth	________	________	________
Address and postcode	________	________	________
Telephone / email	________	________	________
Relationship to donor	________	________	________

B3. How the attorneys must act (both). If you appoint more than one attorney, you must state how they should make decisions. Choose one option and record it below:

• Jointly — all attorneys must always agree and act together on every decision.
• Jointly and severally — attorneys can act together or independently; any one of them can make a decision alone (this is the most flexible option and what most donors choose).
• Jointly for some decisions, jointly and severally for others — a mixture; you must specify in the form which decisions require all attorneys to agree.

How attorneys must act (chosen option)	________
If “jointly for some”, list the decisions that must be made jointly	________

B4. Replacement attorneys (both) — optional back-ups who step in if an original attorney can no longer act.

Detail	Replacement 1	Replacement 2
Full name	________	________
Date of birth	________	________
Address and postcode	________	________
Telephone / email	________	________

B5. When the LPA can be used (both). This is a key choice.

• Property and Financial Affairs (F): choose whether the LPA can be used “as soon as it is registered” (with your permission, even while you still have capacity) or “only when I do not have mental capacity”.
• Health and Welfare (H): this LPA can only ever be used when you lack the capacity to make the specific decision, so you cannot change when it starts — but you must state your choice about life-sustaining treatment (see below).

(F) When the Property & Financial Affairs LPA may be used	________
(H) Life-sustaining treatment: do you give attorneys the power to give or refuse consent to life-sustaining treatment? (Option A = yes / Option B = no, decision left to doctors)	________

B6. Preferences and instructions (both). Preferences are wishes your attorneys should consider but do not have to follow. Instructions are directions your attorneys must follow by law — use these sparingly and carefully, as unclear instructions can delay registration. Leave blank if you have none.

Preferences (guidance your attorneys should take into account)	________
Instructions (directions your attorneys must follow)	________

B7. Certificate provider (both) — the independent person who confirms you understand the LPA and are not under pressure.

Full name	________
Address and postcode	________
Telephone / email	________
Basis for acting (known you 2+ years, or professional — state which)	________

B8. People to be told (people to notify) (both) — optional. These people are told when the LPA is registered and can object if they have concerns.

Detail	Person 1	Person 2
Full name	________	________
Address and postcode	________	________
Relationship to donor	________	________

PART C — STEP-BY-STEP REGISTRATION GUIDE

Follow these steps for each LPA (repeat separately for the LP1F and the LP1H). The order in which people sign is set by law — getting it wrong is the most common reason an LPA is rejected.

• Step 1 — Obtain the official form. Download LP1F and/or LP1H from GOV.UK (gov.uk/power-of-attorney), or use the OPG online service. This pack does not contain the official form.
• Step 2 — Complete the form using this worksheet. Transcribe your Part B answers accurately. Check every name, address and date of birth matches official documents.
• Step 3 — Signing order (this order is mandatory):
  • (a) The donor signs first (the continuation/statement pages), in front of a witness who also signs and dates.
  • (b) The certificate provider signs next, after the donor and before any attorney. They confirm you understand the LPA and are acting freely.
  • (c) The attorneys (and any replacement attorneys) sign last, each in front of a witness. An attorney must not sign before the certificate provider has signed.
• Step 4 — Notify the “people to be told” (if you named any) using the official notification form (LP3), before or at the time you apply to register. They have three weeks to raise concerns.
• Step 5 — Apply to register with the OPG. Send the completed, signed LPA (or apply online) to the Office of the Public Guardian. Only the OPG can register an LPA; an unregistered LPA cannot be used.
• Step 6 — Pay the fee. The registration fee is £82 per LPA (so £164 if you register both types). You may qualify for a 50% reduction if your gross annual income is below £12,000, or a full exemption if you receive certain means-tested benefits — apply using the OPG fee remission form (LPA120A) with evidence.
• Step 7 — Wait for processing. Registration currently takes up to around 20 weeks from when the OPG receives a correctly completed application (longer if there are errors or objections). There is a statutory four-week waiting period built into this. The OPG returns the registered LPA stamped on every page; keep it safe and give certified copies to banks and others as needed.

Date donor signed	________
Date certificate provider signed	________
Date attorney(s) signed	________
Date people to be told were notified	________
Date application sent to OPG	________
Fee paid / reduction or exemption claimed	________
Date OPG registration confirmed	________

PART D — LETTER OF INSTRUCTION / STATEMENT OF WISHES

This letter is not part of the official LPA and is not sent to the OPG. It is a private, supporting document you give to your attorneys to explain your values and wishes in more detail than the form allows. It is not legally binding, but it helps your attorneys act as you would want. Complete it, sign it, and keep it with your registered LPA.

To my attorney(s): ________

From: ________, of ________.

Date: ________

I have appointed you as my attorney(s) under my Lasting Power of Attorney. This letter sets out my wishes to guide you. I understand it is not legally binding but I ask you to follow it as closely as you reasonably can.

• What matters most to me / my values: ________
• My wishes about where I live and my daily care: ________
• My wishes about medical treatment and, where relevant, life-sustaining treatment: ________
• My financial priorities (bills, gifts, property, investments): ________
• People I want you to consult before making major decisions: ________
• My religious, cultural or dietary wishes: ________
• Anything else I want you to know: ________

Thank you for agreeing to act for me. I trust you to make decisions in my best interests and in the spirit of these wishes.

Signed (donor): ________    Date: ________

Reminder: This pack is guidance only. Your LPA is legally effective only once you have completed the official LP1F and/or LP1H obtained from GOV.UK / the Office of the Public Guardian and the OPG has registered it.