Frequently Asked Questions (FAQs)
We understand that setting up a Lasting Power of Attorney (LPA) can raise a lot of questions. Below, you’ll find clear answers to some of the most common FAQs about LPAs, the process, and what to expect.
Please note: LPA Assist is not a law firm and does not provide legal advice. We offer guidance to help you complete your LPA forms accurately and confidently.
Who can make an LPA?
Anyone aged 18 or over with mental capacity (the ability to make their own decisions) can make an LPA.
Do I need to register my LPA before it can be used?
Yes, an LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration usually takes about 8–10 weeks if there are no mistakes.
How much does it cost to register an LPA?
The standard registration fee is £92 per LPA. Reduced fees or exemptions may be available for people on certain low-income or benefit support.
What happens if I don’t make an LPA?
If you lose capacity without an LPA, your family may need to apply to the Court of Protection for a deputyship order, which can be costly, slow, and restrictive.
Can my attorney make decisions without my knowledge?
No — as long as you have mental capacity, you can still make your own decisions and revoke the LPA if you change your mind.
What happens when my LPA is registered?
Once registered, you (and your attorney) can use it as appropriate. The original document is returned to you and the OPG sends confirmation of registration.
Does LPA Assist give legal advice?
LPA Assist do not provide legal advice, however, they are more than happy to answer general questions related to LPA.
How long does an LPA last?
An LPA does not automatically expire — it continues to be valid unless you cancel it (as long as you still have capacity) or a court orders otherwise.
What if my attorney can no longer act, or want to act?
If an attorney you appointed is unable or unwilling to act, and you included replacements, then the replacement attorney can step in. If no replacement is named, you may need legal advice to resolve the situation.
Where can a LPA be used?
A Lasting Power of Attorney (LPA) can be used anywhere in England and Wales where decisions need to be made on your behalf, once it has been registered with the Office of the Public Guardian.
Can I appoint attorneys who live outside of England and Wales to act on my behalf?
Yes, you’re attorneys can live anywhere in the world, as long as your LPA has been registered by the Office of the Public Guardian.