How to Set Up Power of Attorney: Step-by-Step Guide

Setting Up Your LPA: Complete Guide

Creating a Lasting Power of Attorney involves several key steps. This guide walks you through the entire process, from deciding what you need to having a registered, usable LPA.

Step 1: Decide Which LPAs You Need

First, determine which type(s) of LPA you need:

Property and Financial Affairs LPA

Covers: Bank accounts, property, investments, bills, business affairs Best for: Anyone with assets or financial interests

Health and Welfare LPA

Covers: Medical treatment, care arrangements, where you live Best for: Anyone who wants their healthcare wishes respected

Our recommendation: Get both for complete protection.

Step 2: Choose Your Attorneys

This is the most important decision. Your attorneys will have significant power over your life.

Who Can Be an Attorney?

Must be 18 or over
Must have mental capacity
Cannot be bankrupt (for Property LPA)

What to Consider

Do you trust them completely?
Will they be available when needed?
Can they handle the responsibility?
Do they understand your wishes?
Will they work well together (if choosing multiple)?

Common Choices

Spouse or partner
Adult children
Close friends
Siblings
Professional attorneys (solicitors, accountants)

How Many Attorneys?

You can appoint:

One attorney
Multiple attorneys acting jointly (all must agree)
Multiple attorneys acting jointly and severally (can act independently)
Combination arrangements

Replacement Attorneys

Always name backups who can step in if your main attorney can't act.

Step 3: Choose Your Certificate Provider

The certificate provider confirms you understand the LPA and aren't being pressured. They must be either:

Option A: Someone Who Knows You

Has known you for at least 2 years
Is over 18
Is not an attorney or replacement attorney
Is not a family member of an attorney

Option B: A Professional

Registered healthcare professional (doctor, nurse)
Solicitor or barrister
Social worker
Independent mental capacity advocate
Other suitable professional

Choose someone who will take the role seriously and can spot any concerns.

Step 4: Consider Your Preferences and Instructions

Preferences (Guidance)

Non-binding wishes for your attorneys:

"I prefer to stay in my own home as long as possible"
"I want my dog to stay with me in any care setting"
"I support X charity and wish donations to continue"

Instructions (More Binding)

Restrictions your attorneys must follow:

"My attorney must get professional advice before selling property"
"Decisions about where I live must include my children's input"
"My attorney cannot make gifts over £500 without consulting X"

Be careful with instructions—too restrictive can make the LPA unworkable.

Step 5: Complete the LPA Forms

You have three options:

Online with OPG

Free to use
20+ page forms
No guidance
Easy to make mistakes

Online with a Service (myLPA)

Guided questionnaire
Plain English explanations
Error checking
Expert support

With a Solicitor

Face-to-face
Most expensive
Full legal advice

Step 6: Sign in the Correct Order

LPAs must be signed in a specific order. Getting this wrong invalidates the document.

Signing Order

You (the donor) sign first

- Sign and date in front of a witness - Witness signs too

Certificate provider signs

- Confirms you understand and aren't pressured - Must sign after you

Attorneys sign

- Each attorney signs accepting the role - Each needs a witness

Witness Requirements

Must be 18+
Must be present when signing happens
Cannot be an attorney on the same LPA
Should be independent (not family members of attorneys)

Step 7: People to Notify (Optional)

You can name up to 5 people to be notified when your LPA is registered. This is a safeguard—they have 3 weeks to raise objections.

Good people to notify:

Family members not named as attorneys
Close friends
Your solicitor or accountant

Step 8: Register with the OPG

How to Register

Submit forms to the Office of the Public Guardian
Pay the £92 fee per LPA
Online submission is quickest

When to Register

Processing Time

Currently 8-12 weeks, though this varies.

What Happens During Registration

OPG checks for errors
Named persons are notified
Objection period (3 weeks)
Registration confirmed

Step 9: After Registration

When registration is complete:

You receive certified copies
The LPA is listed on the OPG register
Your attorneys can now use it (subject to LPA type)

Storing Your LPA

Keep original safe
Give attorneys certified copies
Consider secure storage (safe, solicitor's)
Keep digital copies

Telling Relevant Parties

Consider informing:

Your bank
Your GP
Your solicitor
Your accountant

Using myLPA: A Simpler Path

At myLPA, we guide you through every step:

Simple questionnaire captures all your information

Expert guidance helps you make decisions

Error checking prevents costly mistakes

Clear instructions for signing and witnesses

Support throughout the process

Both LPAs from just £140.

Start Your LPA Now →