30 Most Frequently Asked Questions about Lasting Powers of Attorney (LPA)
Last verified: 16 August 2025 (England & Wales)
Author: Chris Watts, MSWW, CeMAP – Fern Wills & LPAs
The Basics
1) What is an LPA?
It lets you appoint people (attorneys) to make decisions if you can’t. There are two types: Property & Financial Affairs, and Health & Welfare.
2) Do spouses have automatic rights?
No. Without an LPA, even partners may be blocked from accessing accounts or making care decisions.
3) When should I make one?
As soon as possible. You must have capacity, and registration takes time.
4) Do I need one or two LPAs?
They’re separate. Most people need both.
5) When can each be used?
Property & Finance: once registered (if you allow) or if you lose capacity. Health & Welfare: only if you lack capacity.
Costs and Registration
6) How much does it cost?
£82 per LPA. Fee reductions or exemptions may apply. See Fern Wills' price page for fixed cost and all the extras included in it.
7) How long does registration take?
Typically 10–12 weeks if the forms are correct. Mistakes cause delays.
8) Do I need a solicitor?
Not legally. You can apply yourself, but legal advice helps avoid costly errors.
9) Do I have to register before use?
Yes. An unregistered LPA has no effect.
10) What’s the biggest cause of rejection?
Wrong signing order, missing details, or invalid witnesses.
Choosing Attorneys
11) Who can be my attorney?
Anyone 18+ with capacity. For finances, they must not be bankrupt.
12) Can attorneys live abroad?
Yes, but it may be less practical.
13) How many attorneys can I have?
As many as you like. Decide if they act jointly (all decisions together) or jointly and severally (individually).
14) What happens if an attorney can’t act?
Name replacements so the LPA doesn’t fail.
15) What’s a certificate provider?
Someone independent who confirms you understand and weren’t pressured.
Using the LPA
16) How do I prove it’s registered?
Show the original, a certified copy, or use the GOV.UK online access code.
17) How do I certify a copy?
Write the official wording and sign/date every page, or ask a solicitor.
18) Can attorneys sell my home?
Yes, if it’s in your best interests, but conflicts may need court approval.
19) Can attorneys make gifts?
Only small, normal ones (like birthdays or charities) if affordable. Bigger gifts need court approval.
20) Do attorneys get paid?
Family or friends are unpaid but can claim expenses. Professionals may charge.
Common Concerns
21) What if attorneys disagree?
It depends how you appointed them. Persistent disputes may go to court.
22) Can I cancel an LPA?
Yes, anytime while you have capacity.
23) What happens when I die?
All LPAs end. Executors take over.
24) Is my old Enduring Power of Attorney still valid?
Yes for finances only, but it must be registered once capacity is lost.
25) What if there’s no LPA?
Family may need a Court of Protection deputyship — slower and more expensive.
Special Cases
26) Can I make an LPA if I have dementia?
Yes, if you still have capacity. Don’t delay.
27) Can an attorney change my Will?
No. Only the Court of Protection can authorise a statutory Will.
28) Can I make a business LPA?
Yes — often with different attorneys for personal and business decisions.
29) Is my LPA valid abroad?
Not usually. You may need local documents.
30) Who checks that attorneys are doing their job?
The Office of the Public Guardian (OPG) investigates concerns and can remove attorneys.
Key takeaway: An LPA avoids stress, delays, and court involvement. Get it right early, register it properly, and it will protect you when you most need it.
Final note:
These 30 questions cover the issues people ask us most often, but your own situation may raise others. For clear, detailed answers — or if you simply want an honest, no-obligation chat about how LPAs work in practice — call Chris at Fern Wills & LPAs. Sometimes one straightforward conversation can save months of worry and delay.
