Making a Lasting Power of Attorney: step-by-step
A practical overview of preparing, signing and registering an LPA.
This is general information, not legal advice or a complete checklist. The donor makes the decisions. Follow the current official forms and guidance, particularly for unusual instructions or concerns about capacity.
1. Check the donor can make an LPA
The donor is the person making the LPA. They must be at least 18 and have capacity to make it. Someone can help organise the paperwork, but cannot make the donor's choices for them. This guide covers England and Wales; other UK nations have different processes. Read the GOV.UK overview.
2. Choose one type or both
A property and financial affairs LPA covers money and property. A health and welfare LPA covers care and medical decisions and can only be used when the donor cannot make the relevant decision. Making both means preparing two separate documents.
3. Choose attorneys and how they will act
The donor chooses trusted people who are willing and eligible to act. If there is more than one attorney, decide whether decisions will be made together or separately and together. Consider replacement attorneys too. Check official eligibility and appointment guidance; property and financial affairs attorneys cannot be bankrupt or subject to a Debt Relief Order.
4. Gather details and prepare the documents
For easier preparation, make a working list of names, addresses and dates of birth, then check those details against the forms. Keep a separate note of decisions the donor still needs to consider. Review every answer with the donor before arranging signatures.
You can use the GOV.UK preparation service or the official LP1F and LP1H forms. Seek legal advice for complex preferences or instructions.
5. Arrange a certificate provider and sign in order
The certificate provider confirms the donor understands the LPA and is not being pressured. Eligibility exclusions apply: check the LP12 guidance before choosing someone.
| Order | What to check |
|---|---|
| 1. Donor | Sign relevant continuation sheets and, for health and welfare, section 5 before section 9. |
| 2. Donor's witness | Witness the donor signing and sign immediately afterwards. The donor's attorneys and replacement attorneys cannot witness the donor. |
| 3. Certificate provider | Complete section 10 after the donor and before attorneys. |
| 4. Attorneys and replacements | Sign section 11 with the required witnesses. |
| 5. Registration applicant | Complete section 15 after all section 11 signatures and required notifications. |
This is a summary: follow every instruction on the forms and in LP12, including witness eligibility and additional requirements if the donor cannot sign or mark.
Online preparation still needs original signatures
The current process requires everyone to sign the same original document. Digital signatures do not replace these signatures. If preparing online, print the forms for signing. See the official signing guidance.
6. Notify named people and apply to register
If the donor listed people to notify, send each an LP3 before registration. They have three weeks to raise concerns with OPG; you can apply to register as soon as the notices are sent. Send the signed LPA and required fee to the Office of the Public Guardian, following the registration instructions.
Registration fees apply to each LPA; a reduction or exemption may be available. These and any paid certificate provider's charge are separate from Formsure's preparation fee. Check the Formsure price list.
7. Keep the registered documents safe
An LPA must be registered before it can be used. Once returned, keep it safe and check the donor's choices about when attorneys may act. Read the official guidance whenever you need to use it or report changes.