A Lasting Power of Attorney (LPA) is a very powerful document, so when choosing your Attorney(s) you need to be confident that you have picked the right person(s) to carry out the tasks involved.

Bear in mind that if you do not have the mental capacity, you may not be able to monitor what they are doing on your behalf.

How to make an LPA

To make an LPA, you must use a special LPA form, also known as the instrument; you can download the form from the forms and booklets section of our site or get copies from OPG Customer Services and legal stationers. Note that although you can make the LPA at any time, it cannot be used until it has been registered with the OPG.

There are guidance booklets available about making a property and financial affairs LPA and about making a health and welfare LPA these are available in the guidance booklets section of our website.

You can also download an application pack to make an LPA from the making a Lasting Power Attorney section of our website. This pack will contain all the forms and guidance you require to make and register an LPA. 

An LPA is a very important document and powerful document so you may want to seek advice from someone with experience in preparing them, such as a solicitor. The OPG is not able to provide legal advice. The forms have been designed to be as simple to complete as possible and you do not have to seek legal advice - it is your choice.

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The LPA Form

 The LPA form is made up of three parts:

Part A - The Donor's Statement

This is where you give your details, details of who you want to appoint to make decisions for you in the future, and how you want them to act on your behalf.  You can also use this part of the form to place restrictions or conditions on the decisions your Attorney(s) can make or give them guidance. This part will ask you to give the names of anyone you wish to be notified (named persons) when the LPA is registered with the OPG.  Finally you will need to sign this part and ask someone to witness your signature.

Part B - The Certificate Provider's Statement

Only certain people can be certificate providers and details of who can and cannot do so are listed on the form.

The certificate provider is someone who must speak with you privately to satisfy themselves that you understand the powers you are giving your Attorney(s) and that there has been no fraud or undue pressure on you to make the LPA. If you have not identified anyone (named persons) in part A to be notified when your application is registered, you will need to supply two of these certificates instead of one. This will act as an additional safeguard.

Part C - The Attorney's Statement

Everyone you choose as an Attorney will need to provide their personal details and confirm that they understand their legal duties should they need to act as your Attorney.  This part of the form will need to be signed by each of your Attorneys and their signatures will need to be witnessed.  We have produced guidance for Attorney(s) acting under Property and Affairs LPA and those acting under a Personal Welfare LPA and this is available in the guidance booklets section of our website.Back to top

What happens next?

You can register the LPA at any time after it has been made but we recommend you register as soon as possible after making your LPA. Your Attorney(s) will only be able to make decisions on your behalf after your LPA has been registered with the OPG. They will have to act subject to any restrictions or conditions you have specified on the LPA form, and they must always act in your best interests.

If you require additional copies of your LPA, the OPG will supply two extra copies free of charge. Please include your request with your LPA application.

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