How to Set Up a Lasting Power of Attorney

Setting up a Lasting Power of Attorney is a formal legal process and it must be completed correctly before it can be registered and used.

The first step is deciding who you want to appoint as your attorney and what authority you want them to have.

You will also need to decide which type of Lasting Power of Attorney you require. Property and Financial Affairs and Health and Welfare LPAs are separate documents and cover different decisions.

The LPA must then be completed and signed in the correct order. The donor signs first, followed by an independent certificate provider who confirms that the donor understands the document and is making it freely. The attorneys then sign their sections, with the required signatures properly witnessed.

Once the document has been completed, it must be registered with the Office of the Public Guardian before it can be used. Registration currently takes around 8 to 10 weeks where there are no mistakes in the application.

Errors in the forms, signatures in the wrong order or invalid witnessing can delay registration and, in some cases, mean that parts of the process need to be completed again.

At MJV Solicitors, we prepare and register LPAs and help clients ensure the process is handled correctly from the outset.

For a full overview, read our guide to Lasting Powers of Attorney. For details of MJV Solicitors' fixed fees, see our LPA Price Guide.

FAQ

How do I set up a Lasting Power of Attorney?
You choose your attorneys, decide which type of LPA you need, complete the relevant document, arrange for the required signatures and certificate provider, and then register the LPA with the Office of the Public Guardian.
Who signs a Lasting Power of Attorney first?
The donor must sign first. The certificate provider signs after the donor, and the attorneys sign after the certificate provider. The correct order matters for registration.
How long does it take to register an LPA?
The Office of the Public Guardian currently states that registration usually takes around 8 to 10 weeks if there are no mistakes in the application.
Can I make a Lasting Power of Attorney myself?
Yes. You can make an LPA online or using paper forms. However, the formal requirements still need to be followed correctly, including the signatures, witnessing, certificate provider and registration process.
MJV Solicitors video explaining who to choose as an attorney for a Lasting Power of Attorney

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.

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