Introduction to LPA Forms

Planning for the future is not only about financial savings or writing a will. A crucial aspect of long-term planning involves ensuring that your affairs — whether related to health or finances — can be managed if you are no longer able to make decisions yourself. This is where LPA forms (Lasting Power of Attorney forms) come into play.

In the UK, an LPA is a legal document that allows you (the “donor”) to appoint one or more people (known as “attorneys”) to make decisions on your behalf should you lose mental capacity in the future. The forms are provided by the Office of the Public Guardian (OPG) and must be completed and registered before they can be used.

The importance of LPA forms cannot be overstated. Without one, your loved ones may face significant difficulties if they need to manage your financial matters or make healthcare decisions for you. In some cases, families may have to apply to the Court of Protection — a process that is both time-consuming and costly.

This comprehensive guide will break down everything you need to know about LPA forms: the types available, how to complete them correctly, the costs involved, and common mistakes to avoid. It is designed to provide clarity for individuals, families, and professionals who want to secure peace of mind for the future.

What Are LPA Forms?

LPA forms are legal documents that give another person authority to make important decisions on your behalf. They are governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian (OPG) before use.

At their core, LPA forms are about future-proofing your decision-making ability. If illness, accident, or age affects your mental capacity, an LPA ensures that someone you trust can step in to act in your best interests.

There are two main types of LPA forms in the UK:

1. Health and Welfare LPA

This type of LPA covers decisions about:

• Daily care and routine (e.g., what you eat, where you live).
• Medical treatment and consent.
• Decisions about moving into a care home.
• Life-sustaining treatment preferences.

A Health and Welfare LPA can only be used once you have lost mental capacity. This means that while you are still capable of making decisions, your appointed attorney cannot act under this authority.

2. Property and Financial Affairs LPA

This type of LPA covers decisions about:

• Managing bank accounts.
• Paying bills.
• Collecting pensions and benefits.
• Selling or managing property and other assets.

Unlike the Health and Welfare LPA, a Property and Financial Affairs LPA can be used both when you still have capacity (if you wish) and when you no longer have it. This flexibility allows attorneys to support you even before mental capacity is lost, for example, if mobility or other physical issues make financial management difficult. Understanding how legal protections like these intersect with broader business challenges is essential—especially when navigating complex issues such as intellectual property disputes. For more insights, check out our blog on Common IP Disputes: Causes and How to Resolve Them.

Why Are LPA Forms Important?

• Without an LPA, loved ones must apply to the Court of Protection to make decisions — an expensive and lengthy process.
• LPAs provide peace of mind by giving clear legal authority to trusted individuals.
• They allow you to plan in advance and make your wishes known while you are still capable.

Who Can Make an LPA and Who Can Be an Attorney?

Before completing LPA forms, it is essential to understand who is legally allowed to create one and who can be chosen to act as an attorney. The rules are in place to ensure that the arrangement is fair, transparent, and in the best interests of the donor.

Eligibility to Make an LPA

To create an LPA, you (the donor) must:

• Be over 18 years old – only adults can make an LPA.
• Have mental capacity – you must understand what an LPA is, what powers it gives to attorneys, and the potential consequences of appointing them.
• Act voluntarily – the decision to create an LPA must be made freely without pressure, coercion, or undue influence.

The Mental Capacity Act 2005 defines mental capacity as the ability to make a decision at the time it needs to be made. This means you must be able to understand, retain, weigh up information, and communicate your decision.

Who Can Be Appointed as an Attorney?

An attorney is the individual(s) you trust to make decisions on your behalf. The rules are as follows:

• Attorneys must be at least 18 years old.
• They must not be declared bankrupt or subject to a debt relief order if they are to act under a Property and Financial Affairs LPA.
• Attorneys can be:
  • A spouse or civil partner.
  • Family members.
  • Friends.
  • A professional adviser such as a solicitor or accountant.

Choosing the Right Attorney

Selecting an attorney is a decision that requires careful thought. You should consider:

• Trustworthiness – they will have significant authority over your personal and financial life.
• Practicality – they should be capable of handling the responsibilities, such as managing finances or liaising with healthcare professionals.
• Proximity – living nearby can make it easier for them to step in when decisions are required.
• Willingness – it is essential that your chosen attorney agrees to the role and fully understands the responsibility involved.

You can appoint more than one attorney, and they can act either:

• Jointly (decisions must be made together), or
• Jointly and severally (decisions can be made together or independently).

How to Complete LPA Forms: Step-by-Step Guide

Completing LPA forms can feel daunting, but with the right approach, the process is manageable. The forms are designed to ensure that your wishes are clearly recorded, legally binding, and properly registered. Here’s a structured guide:

Step 1: Choose the Type of LPA

Decide whether you need:

• A Health and Welfare LPA,
• A Property and Financial Affairs LPA,
• Or both.

Many people opt for both, as each serves a distinct purpose.

Step 2: Download or Request the Forms

The forms can be obtained from the Office of the Public Guardian (OPG) website or requested in paper form. There are two main forms:

• LPA Form LP1F – Property and Financial Affairs.
• LPA Form LP1H – Health and Welfare.

Each form comes with detailed guidance notes.

Step 3: Complete the Donor’s Details

You, the donor, must provide:

• Full name, address, and date of birth.
• Confirmation that you understand the purpose of the LPA.
• Any specific preferences or instructions for your attorneys.

Step 4: Appoint Attorneys

This section requires you to:

• Provide full details of your chosen attorney(s).
• Specify whether they act jointly or jointly and severally.
• Appoint replacement attorneys, if desired, in case the original attorney(s) cannot act.

Step 5: Preferences and Instructions

This section allows you to state:

• Preferences – non-binding wishes (e.g., “I would like to live close to my family if I need residential care”).
• Instructions – legally binding directions (e.g., “My attorney must not sell my home unless it is required to pay for my care”).

Care must be taken here — unclear instructions can delay or even invalidate registration.

Step 6: Certificate Provider’s Statement

A certificate provider must confirm that:

• You understand the LPA.
• You are not being pressured into making it.
• You have mental capacity at the time of completion.

This can be:

• A professional (solicitor, GP, social worker), or
• Someone who has known you personally for at least two years.

Step 7: Signing and Witnessing

The LPA must be signed by:

• The donor.
• Each attorney.
• Witnesses (over 18 years old, not an attorney or replacement attorney).

Correct witnessing is essential, as errors here can invalidate the document.

Step 8: Notify People (Optional)

You can choose to notify certain people when your LPA is registered. This acts as a safeguard, allowing them to raise concerns if they believe the arrangement is inappropriate.

Step 9: Send the Forms to the OPG

Finally, the completed LPA forms must be sent to the Office of the Public Guardian with the registration fee.

• Standard registration fee: £82 per LPA.
• Fee exemptions or reductions are available in cases of low income or certain benefits.

The OPG will check the forms, resolve any issues, and officially register the LPA.

Common Mistakes When Completing LPA Forms

Even though the LPA forms are designed with guidance notes, many people make errors that can cause serious delays, additional costs, or outright rejection by the Office of the Public Guardian (OPG). Being aware of these mistakes in advance helps ensure the process is smooth.

1. Incomplete or Incorrect Details

• Missing names, addresses, or dates of birth.
• Using nicknames instead of full legal names.
• Incorrect or outdated addresses for attorneys.

The OPG requires complete and accurate information for all parties. Even small inconsistencies can result in rejection.

2. Confusing Preferences and Instructions

• Writing binding legal rules under “preferences” instead of “instructions.”
• Drafting unclear instructions that contradict one another.

For example: Writing “I prefer not to sell my home” under preferences may not prevent the attorney from doing so. If you want to prohibit a sale, it must be under instructions.

3. Errors in Witnessing and Signing

• Signatures missing from donors, attorneys, or witnesses.
• Witnesses who are also attorneys (not allowed).
• Signing the forms in the wrong order.

The correct order is: donor signs first, then the certificate provider, then attorneys.

4. Choosing Ineligible Attorneys

• Appointing someone under 18.
• Naming a person bankrupt as attorney for Property and Financial Affairs LPA.
• Selecting attorneys who are unwilling or unaware of the responsibility.

5. Failure to Appoint Replacements

Many donors do not consider what happens if their chosen attorney dies, resigns, or loses capacity. Without replacements, the LPA could fail and leave you unprotected.

6. Not Accounting for Joint Attorneys

When appointing multiple attorneys:

• If they must act jointly, all must agree and sign every decision. If one cannot act, the LPA fails.
• If they act jointly and severally, decisions can be made individually or together.

Choosing the wrong option without fully understanding the consequences is a common problem.

7. Sending Forms Without Payment or Incorrect Fee

Forgetting the £82 fee (or not applying for exemption/reduction correctly) results in immediate rejection.

8. Rushing the Process

Errors often arise because donors rush to complete the forms without guidance. Many of these issues can be avoided by:

• Carefully reading OPG guidance notes.
• Seeking legal advice from a solicitor specialising in LPA applications.

Registering LPA Forms with the Office of the Public Guardian

Completing LPA forms is only part of the journey. For the document to be legally valid and enforceable, it must be registered with the Office of the Public Guardian (OPG). This process ensures the LPA is properly recorded and ready for use when needed.

Why Registration Is Essential

• An unregistered LPA has no legal effect.
• Attorneys cannot act until the OPG confirms registration.
• Early registration helps identify and correct errors before the LPA is urgently required.

The Registration Process

Step 1: Prepare the Forms

Once all parties (donor, attorneys, witnesses, and certificate provider) have signed correctly, the forms can be sent to the OPG.

Step 2: Pay the Registration Fee

• Standard fee: £82 per LPA.
• Fee reduction: If your gross annual income is below £12,000, you may qualify for a 50% reduction.
• Fee exemption: Available if you receive certain means-tested benefits (e.g., Income Support, Universal Credit).

Each LPA (Health and Welfare, Property and Financial Affairs) is charged separately.

Step 3: Submit the Application

The application can be submitted:

• By post (using the paper forms), or
• Online (if completed digitally via the government portal).

Step 4: The OPG Review

The OPG checks the following:

• Accuracy of details.
• Valid signatures and witness statements.
• That there are no conflicting instructions or errors.

If mistakes are found, the OPG may:

• Return the forms for correction, or
• Reject the application entirely (requiring a new application and fee).

Step 5: The Statutory Waiting Period

The OPG imposes a four-week waiting period during which notified persons (if any) may raise objections. This serves as a safeguard against fraud or undue influence.

Step 6: Registration Confirmation

If no objections are raised and all requirements are met, the OPG will officially register the LPA. The donor and attorneys will receive confirmation, and the LPA can then be used.

How Long Does Registration Take?

• On average, it takes 8 to 12 weeks from submission to registration.
• Delays occur if forms are incomplete, incorrect, or if objections are raised.

When Should You Make an LPA?

One of the most common misconceptions about LPA forms is that they are only for the elderly or those already experiencing health problems. In reality, creating an LPA is a proactive step that should be considered much earlier in life.

The Ideal Timing

While You Have Full Capacity

An LPA can only be made while you have mental capacity. Once you lose this ability, it’s too late. Acting early ensures your wishes are secured in advance.

During Major Life Planning

• When writing or updating a will.
• Buying property or significant assets.
• Starting a family or taking on dependents.
• Planning for retirement.

These milestones are natural opportunities to create an LPA as part of wider future planning.

Why Early Is Better

1. Peace of Mind
   Creating an LPA early ensures your affairs will be managed exactly how you want, no matter what the future holds.
2. Avoiding Last-Minute Stress
   Illness or accidents can happen at any age. Preparing early prevents rushed decision-making during a crisis.
3. Protecting Loved Ones
   Without an LPA, families may face lengthy Court of Protection proceedings to gain decision-making authority. Early preparation avoids unnecessary costs and delays.
4. Flexibility and Control
   By acting early, you can carefully consider your attorneys, preferences, and instructions — rather than rushing the process under pressure.

Common Misconception: “I’ll Wait Until I’m Older”

While it may seem logical to wait until later in life, unexpected circumstances such as accidents, sudden illness, or degenerative conditions (like dementia) can remove your ability to act. Once mental capacity is lost, creating an LPA is no longer possible.

Using LPA Forms: When and How They Take Effect

Completing and registering LPA forms does not mean they come into force immediately. The way and timing in which an LPA takes effect depends on the type of LPA and the donor’s wishes. Understanding this distinction is vital for both donors and attorneys.

Health and Welfare LPA

• Can only be used once the donor has lost mental capacity.
• Attorneys cannot make health-related decisions while the donor is still capable of making them independently.
• This ensures that donors retain full control over their personal welfare for as long as possible.

Examples of use:

• Deciding whether the donor should move into a care home.
• Making decisions about medical treatment or surgery.
• Determining whether life-sustaining treatment should be given or withheld.

Property and Financial Affairs LPA

This type of LPA is more flexible. It can be used:

1. Immediately upon registration – if the donor chooses, attorneys can assist even while the donor retains capacity.
2. Only once the donor has lost capacity – if this option is specified in the LPA.

Examples of use:

• Paying bills, mortgages, or care home fees.
• Accessing bank accounts to manage income and expenses.
• Selling property or managing investments.

Safeguards in Place

Even once an LPA is in use, there are safeguards to protect the donor:

• Attorneys must always act in the donor’s best interests.
• The donor retains the right to make their own decisions while they still have capacity.
• Attorneys are legally accountable under the Mental Capacity Act 2005 and can be investigated if they misuse their powers.

The Role of the Office of the Public Guardian (OPG)

The OPG oversees attorneys and can intervene if concerns are raised. They have the authority to:

• Investigate complaints about attorney behaviour.
• Remove attorneys who abuse their position.
• Refer cases of suspected fraud or abuse to the Court of Protection.

Revoking or Changing an LPA

Creating LPA forms is a major legal step, but it does not mean your decisions are set in stone forever. Circumstances change — relationships shift, attorneys may become unavailable, or your preferences may evolve. The law provides mechanisms to revoke or amend an LPA, provided you still have the mental capacity to do so.

Revoking an LPA

You can cancel an LPA at any time, as long as:

• You are over 18.
• You still have mental capacity.

The revocation must be made in writing, typically by completing a Deed of Revocation, which should state:

• Your full name and address.
• The date the LPA was signed.
• A clear statement that you are revoking it.

This notice must then be sent to the Office of the Public Guardian (OPG), along with the original LPA if it has already been registered.

Amending an LPA

Unlike a will, which can often be updated by codicils, LPAs cannot simply be “amended” once registered. Instead:

• If you want to make changes, such as appointing new attorneys or altering instructions, you must create a new LPA.
• The old one should be revoked to avoid confusion.

Automatic Revocation

Certain events automatically revoke or affect an LPA:

• Marriage or civil partnership – if the donor marries or enters a civil partnership, the LPA may be revoked if the attorney is the new spouse/partner, unless specified otherwise.
• Divorce or dissolution – if the attorney is the donor’s spouse/civil partner, the LPA is automatically revoked unless otherwise stated.
• Attorney death or incapacity – if there are no replacement attorneys appointed, the LPA may fail.

Court of Protection Powers

If disputes arise about whether an LPA should continue or if there are concerns about abuse, the Court of Protection has the authority to:

• Suspend or revoke an LPA.
• Remove attorneys who are acting improperly.
• Appoint deputies to take over decision-making.

The Role of Solicitors in Completing LPA Forms

While it is possible to complete LPA forms independently using the government’s guidance notes, many people choose to instruct a solicitor. Given the legal significance of LPAs, professional assistance can provide reassurance, reduce mistakes, and ensure the donor’s wishes are properly safeguarded.

Why Use a Solicitor?

1. Avoiding Errors

• Mistakes are one of the most common reasons for LPA forms being rejected by the Office of the Public Guardian (OPG).
• Solicitors are trained to ensure all signatures, witnessing, and instructions comply with the law.

1. Tailored Legal Advice

• Every individual’s circumstances are unique.
• Solicitors can advise on whether to appoint multiple attorneys, use replacements, or set specific instructions.

1. Clarity in Preferences and Instructions

• Poorly worded instructions can cause confusion or invalidate the LPA.
• Solicitors help draft clear, enforceable clauses that reflect the donor’s true intentions.

1. Safeguarding Against Undue Influence

• Solicitors assess whether the donor is acting freely and without pressure.
• This helps protect vulnerable individuals from coercion or exploitation.

Services Provided by Solicitors

• Explaining LPA Types: Helping donors decide whether they need a Health and Welfare LPA, a Property and Financial Affairs LPA, or both.
• Completing Forms: Accurately filling out donor, attorney, and witness sections.
• Acting as Certificate Provider: In many cases, solicitors can serve as the independent person who confirms the donor’s capacity and willingness.
• Registration with OPG: Submitting forms and ensuring payment of the correct fees.
• Providing Certified Copies: Preparing certified copies of the registered LPA for use with banks, care providers, and other institutions.

Why LPA Forms Matter

LPA forms are one of the most important legal tools for safeguarding your future and ensuring your wishes are respected if you lose mental capacity. They provide a legally recognised way to appoint trusted individuals to manage your affairs, covering both property and financial matters and health and welfare decisions.

Throughout this guide, we have covered:

• The meaning and importance of LPA forms.
• The types of LPAs and when each is needed.
• The step-by-step process of completing and registering them.
• Common mistakes that cause delays or rejections.
• The role of solicitors in ensuring accuracy and compliance.
• How LPAs compare to OPAs, EPAs, and deputyship.
• Practical guidance for revoking or updating an LPA when circumstances change.

The key takeaway is clear: without an LPA, your loved ones may face unnecessary stress, cost, and legal hurdles through the Court of Protection. With an LPA in place, you retain control over your future, knowing that your decisions will be respected.

At AXIS Solicitors, we assist clients across the UK in preparing, reviewing, and registering LPA forms. Our solicitors ensure every detail is correct, so your application is accepted the first time and your rights are fully protected.

If you are considering setting up an LPA, do not delay. Planning early ensures peace of mind for you and security for your loved ones.