A Lasting Power of Attorney (LPA) is an important legal document that enables you to appoint a trusted person, or people (‘attorneys’), to make decisions about certain aspects of your life should there come a time when you are unable to make those decisions for yourself.
This might happen for several reasons, such as if you go into hospital and need help with everyday financial tasks or can be a key part of your longer-term planning if, for example, you are diagnosed with dementia at a future time.
In this article, our experienced Lasting Powers of Attorney solicitors consider the process involved in making an LPA.
Step 1. Understand the process.
Many people put off making an LPA as they don’t think they need one. However, even if you do not need one now, this is no reason to not make one.
An LPA allows you to appoint an individual or individuals to make certain decisions for you if you cannot make those decisions for yourself.
There are two main types of LPA:
- Property and financial affairs. This allows the named attorney to make decisions on your behalf relating to your property and finances, including, for example, paying bills, collecting a pension or benefits, and, if need be, the authority to deal with the sale of your home.Â
- Health and welfare. This type of LPA allows an attorney to manage your health and personal welfare issues, including decisions about your day-to-day care and medical treatment.Â
Everyone over the age of 18 with mental capacity can make an LPA. People can choose to make either, or both.
It is important to remember that an LPA can only be granted when the person creating the LPA (‘donor’) has the necessary mental capacity. An LPA cannot be put in place if the donor lacks the capacity to make their own decisions, so it is always advisable to put the required LPAs in place in good time.
Step 2. Complete the paperwork.
Whilst you do not need a solicitor to make LPAs, the forms can be complicated, and it is easy to make mistakes during the application process. Signing the forms in the wrong order, mixing pages, and including unlawful requests are all common errors that can cause applications to be delayed or rejected entirely.
The application forms must be printed off and signed before being sent to the Office of the Public Guardian (OPG) for registration. Forms also need to be signed by:
- The attorneys.Â
- Witnesses.Â
- A ‘certificate provider’, who confirms you are making the LPA by choice and you understand what you are doing.Â
Although it is possible to complete the relevant forms yourself, it is advisable to get a solicitor to help you.
If you are considering making an LPA and need some assistance, get in touch with Langley Wellington LLP Solicitors. Our LPA solicitors in Cheltenham and Gloucester can help with all aspects of the process.
For more information or to speak to one of our lawyers with experience in LPAs, please call 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham) or email lawyers@langleywellington.co.uk. 
Step 3. Register the LPA.
You cannot use an LPA until it has been registered. Once the relevant forms have been completed and signed in the correct order, the forms must be posted to the OPG, who will check that they are correct.
Registration is currently taking around 20 weeks.
Inaccurate or incomplete applications will be returned for rectification and must be resolved before the LPA can be registered. Any mistakes with your application can cause delays and risk you losing your application fee. Specialist private client solicitors have extensive experience helping people create LPAs and will ensure they are properly set up and tailored to the donor’s needs and circumstances.
Solicitor LPA Service
At Langley Wellington LLP, our specialist private client team has extensive experience drawing up LPAs and can guide you through the process.
To find out more about LPAs and how we can help, please click here.
To speak to our friendly and professional team today, please call 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham) or lawyers@langleywellington.co.uk.
Alternatively, you can fill in this contact form.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.

