LPA Glossary: Every Power of Attorney Term Explained A-Z
26 February 2026
15 min read
LPA Glossary: Every Power of Attorney Term Explained
Lasting Powers of Attorney involve a lot of legal terminology. Whether you are creating your own LPA or acting as an attorney for someone else, understanding the correct terms is essential.
This glossary explains every key LPA term in plain English so you can navigate the process with confidence.
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A
Attorney
The person (or people) you appoint to make decisions on your behalf under a Lasting Power of Attorney. An attorney does not need to be a solicitor or lawyer — they can be any trusted person over 18 who has mental capacity. You can appoint more than one attorney.Attorney's Duties
The legal responsibilities an attorney must follow when acting under an LPA. These include acting in the donor's best interests, following the Mental Capacity Act 2005, keeping the donor's money and assets separate from their own, and keeping records of decisions made.Acts of the Attorney
Decisions and actions carried out by the attorney on behalf of the donor. These must fall within the scope of the LPA and comply with any restrictions or conditions the donor has included.---
B
Best Interests
A legal standard set out in the Mental Capacity Act 2005. When making decisions for someone who lacks capacity, the attorney must consider all relevant circumstances, the person's past and present wishes, their beliefs and values, and consult with other relevant people where practical.Bond (Security Bond)
A financial guarantee sometimes required of deputies appointed by the Court of Protection. It protects the person who lacks capacity against financial loss caused by the deputy. Bonds are not required for LPA attorneys.---
C
Capacity (Mental Capacity)
The legal ability to understand, retain, and weigh up information in order to make a specific decision, and to communicate that decision. Under the Mental Capacity Act, a person is assumed to have capacity unless proved otherwise. Capacity is assessed on a decision-by-decision basis.Certificate Provider
An independent person who signs the LPA to confirm that the donor understands what they are doing and is not being pressured into creating it. A certificate provider must be either someone who has known the donor personally for at least two years, or a professional such as a doctor, solicitor, or social worker.Conditions
Binding requirements included in an LPA that the attorney must follow. For example, a condition might state that the attorney must get professional financial advice before selling the donor's home. Conditions are legally enforceable, unlike preferences.Court of Protection
A specialist court in England and Wales that makes decisions about people who lack mental capacity. It has the power to decide whether someone has capacity, make one-off decisions or appoint a deputy, remove attorneys who are not acting properly, and authorise certain actions under an LPA.Cohabitant
A person who lives with the donor as a partner but is not married to them or in a civil partnership. Cohabitants have no automatic legal rights to make decisions for each other, which makes having an LPA particularly important for unmarried couples.---
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D
Deed of Revocation
A formal written document used to cancel a registered LPA. The donor must sign it, have it witnessed, and send it to the Office of the Public Guardian. A deed of revocation can only be executed while the donor still has mental capacity.Deputy
A person appointed by the Court of Protection to make decisions for someone who lacks capacity and does not have an LPA in place. Deputyship is more expensive, more restrictive, and more closely supervised than an LPA. It typically costs £1,000-£5,000 to set up and incurs ongoing annual fees.Deputyship
The legal arrangement created when the Court of Protection appoints a deputy. Unlike an LPA, the person who lacks capacity has no say in who is chosen. The court decides based on what it considers to be in their best interests.Disclaimer
A formal statement by an attorney that they do not wish to act under the LPA. Once an attorney disclaims, they cannot change their mind and resume the role. This is different from a temporary inability to act.Donor
The person who creates and signs a Lasting Power of Attorney. The donor chooses who their attorneys will be, what powers they will have, and any restrictions or preferences. The donor must be 18 or over and have mental capacity at the time of signing.---
E
Enduring Power of Attorney (EPA)
The predecessor to the LPA, available in England and Wales before October 2007. EPAs only covered property and financial affairs — there was no equivalent for health and welfare decisions. EPAs created before October 2007 remain valid, but no new EPAs can be created.---
F
Fee Exemption
A full waiver of the OPG registration fee available to people receiving certain means-tested benefits, such as Universal Credit, Income Support, or Pension Credit Guarantee. If you qualify, you pay nothing to register your LPA.Fee Remission
A 50% reduction in the OPG registration fee available to people with a gross annual income below £12,000. The current registration fee is £82 per LPA, so a remission reduces this to £41.---
G
General Authority (Property and Financial LPA)
When a Property and Financial Affairs LPA is registered and includes no specific restrictions, the attorney has general authority to manage all of the donor's financial matters. The donor can limit this with conditions if they wish.Gifts
Attorneys can make gifts on behalf of the donor, but only within strict legal limits. Gifts must be reasonable in value and made on customary occasions such as birthdays, Christmas, or weddings. Large or unusual gifts require Court of Protection approval.---
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H
Health and Welfare LPA
One of the two types of Lasting Power of Attorney. It covers decisions about medical treatment, where you live, daily care, diet, and — if the donor chooses — life-sustaining treatment. It can only be used when the donor lacks mental capacity to make the specific decision in question.---
I
Instrument
The legal name for the LPA document itself before it is registered. Once you have completed and signed the LPA forms, the document is referred to as an instrument until the OPG registers it.---
J
Joint Attorneys
When two or more attorneys are appointed to act jointly, they must all agree on every decision. If one attorney dies, loses capacity, or disclaims, the entire LPA fails unless replacement attorneys are named.Joint and Several Attorneys
When two or more attorneys are appointed jointly and severally, they can make decisions either together or independently. This is the most flexible arrangement. If one attorney can no longer act, the remaining attorneys can continue.---
L
Lasting Power of Attorney (LPA)
A legal document governed by the Mental Capacity Act 2005 that allows a person (the donor) to appoint one or more trusted people (attorneys) to make decisions on their behalf if they lose mental capacity. There are two types: Property and Financial Affairs, and Health and Welfare.Life-Sustaining Treatment
Medical treatment that a doctor considers necessary to keep the donor alive. If the Health and Welfare LPA includes this authority, the attorney can consent to or refuse life-sustaining treatment on the donor's behalf. This is known as Option A on the LPA form.LP1F
The official form used to create a Property and Financial Affairs LPA. This can be completed online through the OPG website or by using an LPA service such as myLPA.LP1H
The official form used to create a Health and Welfare LPA. Like the LP1F, it can be completed online or through an LPA service.---
M
Mental Capacity Act 2005
The primary legislation governing LPAs in England and Wales. It sets out the legal framework for assessing capacity, making decisions for people who lack capacity, and the powers and duties of attorneys and deputies. The Act established five key principles, the most important being that a person must be assumed to have capacity unless it is established otherwise.---
N
Named Person to Notify (Person to Notify)
A person the donor chooses to be told when the LPA is about to be registered. This is a safeguard — it gives that person the opportunity to raise concerns with the OPG before the LPA takes effect. You can name up to five people to notify. Attorneys and the certificate provider cannot be named persons.Notified Person
See Named Person to Notify.---
O
Office of the Public Guardian (OPG)
The government body responsible for registering LPAs and supervising attorneys and deputies in England and Wales. The OPG maintains a register of all LPAs and has the power to investigate complaints about attorneys. The current registration fee is £82 per LPA.Objection
A formal challenge to the registration of an LPA. Objections can be raised on factual grounds (for example, the donor has died or the LPA was not properly executed) or on prescribed grounds (for example, the donor was under undue pressure). The OPG or Court of Protection considers the objection.Ordinary Power of Attorney
A simpler form of power of attorney that only applies while the donor has mental capacity. It is used for temporary or specific purposes, such as managing finances while abroad. It becomes invalid if the donor loses capacity, unlike an LPA.---
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P
Person to Notify
See Named Person to Notify.Preferences
Non-binding wishes that the donor includes in the LPA to guide the attorney. For example, the donor might express a preference to stay in their own home for as long as possible. Unlike conditions, preferences are not legally enforceable, but attorneys should try to follow them.Property and Financial Affairs LPA
One of the two types of Lasting Power of Attorney. It covers decisions about bank accounts, investments, bills, property, pensions, and benefits. Unlike the Health and Welfare LPA, this type can be used as soon as it is registered — even while the donor still has capacity — with the donor's permission.Prescribed Information
Specific information that must be included in the LPA forms for them to be legally valid. Missing prescribed information is one of the most common reasons the OPG rejects LPA applications. Using a professional service like myLPA helps avoid this.---
R
Registration
The process of submitting a completed LPA to the Office of the Public Guardian for approval. An LPA cannot be used until it is registered. Registration currently takes approximately 8-12 weeks and costs £82 per LPA.Replacement Attorney
A backup attorney named in the LPA who steps in if an original attorney can no longer act — for example, if they die, lose capacity, or disclaim. Naming replacement attorneys is strongly recommended to ensure your LPA remains effective.Restrictions
Binding limitations placed on the attorney's powers. For example, the donor might restrict the attorney from selling their property without the agreement of another named person. Restrictions are legally enforceable.Revocation
The act of cancelling a registered LPA. The donor can revoke their LPA at any time, as long as they still have mental capacity. Revocation requires a deed of revocation, notification to the OPG, and notification to the attorneys.---
S
Section 9 (Mental Capacity Act)
The section of the Mental Capacity Act 2005 that establishes and defines Lasting Powers of Attorney.Severance
The legal process of removing one attorney from an LPA while keeping the remaining attorneys in place. Severance is only possible in certain circumstances and may require Court of Protection involvement.Signing Order
LPAs must be signed in a specific order. The donor signs first, then the certificate provider, then the attorneys. If this order is not followed, the LPA will be rejected by the OPG.Sole Attorney
When only one person is appointed as attorney under the LPA. This is simpler than having multiple attorneys but offers no backup if that person can no longer act. Naming a replacement attorney is strongly advised.---
T
Trust Corporation
A company authorised to act as an attorney or deputy. Some people choose a trust corporation rather than an individual, particularly for property and financial affairs LPAs involving complex estates.---
U
Undue Pressure
Coercion, manipulation, or pressure placed on a person to create an LPA or to include specific provisions. If the OPG or Court of Protection finds evidence of undue pressure, the LPA can be refused or revoked.---
V
Valid LPA
An LPA that meets all legal requirements, has been properly signed and witnessed, and has been registered with the OPG. Only a valid, registered LPA can be used by an attorney to make decisions.---
W
Welfare Deputy
A person appointed by the Court of Protection to make health and welfare decisions for someone who lacks capacity and does not have a Health and Welfare LPA. Welfare deputies are rare and are only appointed in exceptional circumstances.Witness
A person who watches the donor and attorneys sign the LPA and then adds their own signature to confirm they witnessed it. A witness must be 18 or over and cannot be an attorney named in the same LPA. The witness must provide their full name and address.---
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