Lasting Power of Attorney — Frequently Asked Questions
Everything you need to know about LPAs, attorneys, family situations, and the Ensure Legal service.
Most people only start asking questions about Lasting Powers of Attorney when something has already gone wrong — a parent has lost capacity, a family disagreement has arisen, or an institution is refusing to act on an attorney's instructions. These are the questions worth asking before any of that happens.
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About the LPA Process
When is the right time to set up a Lasting Power of Attorney?
The right time is while you have full mental capacity — and ideally before you feel you need one. An LPA can only be set up while the donor has capacity. Once capacity is lost, the option is gone and the only route is a Court of Protection Deputyship, which is significantly more expensive and time-consuming. Most people who set up an LPA are in good health. That is exactly the right time to do it.
How long does it take to register a Lasting Power of Attorney?
Once your LPA documents are submitted to the Office of the Public Guardian, registration typically takes 8 to 12 weeks. Ensure Legal prepares your documents thoroughly to minimise any risk of delays or rejection. Every LPA we prepare is backed by our 100% approval guarantee.
Can I set up an LPA if I already have reduced capacity?
This depends on the level of capacity remaining. An LPA requires the donor to have sufficient mental capacity to understand what they are signing and what authority they are granting. If there is any doubt about capacity, a capacity assessment may be required before the LPA can proceed. If capacity has already been lost, an LPA can no longer be set up.
What happens after my LPA is registered?
Once your LPA is registered with the Office of the Public Guardian, it needs to be formally presented to every relevant institution — banks, investment platforms, pension providers, mortgage lenders, insurers, and any legal or professional advisers. Each institution has its own process for registering an LPA. Ensure Legal provides guidance on this process as part of our service.
I live abroad. Can I still set up a UK Lasting Power of Attorney?
Yes. A UK Lasting Power of Attorney can be set up and registered from abroad, though the process requires careful handling of signatures and witnessing requirements. The LPA covers decisions relating to your UK assets and care. If you have assets in other countries, those jurisdictions may have their own requirements. Ensure Legal can advise you on the UK LPA process and help you consider the broader picture during your initial consultation.
About LPA Attorneys
What can an LPA attorney do and what are they not allowed to do?
An LPA attorney must always act in the donor's best interests, keep the donor's finances separate from their own, and keep accurate records of all decisions made on the donor's behalf. An attorney cannot benefit personally from their role, make gifts beyond what the LPA permits, or act outside the terms of the LPA. They also cannot delegate their authority to another person under any circumstances — the power is personal to the named LPA attorney.
Can an LPA attorney pass their authority to someone else?
No. The authority granted by a Lasting Power of Attorney is personal to the attorney named in the document. An LPA attorney cannot delegate their powers to another person, share access to accounts or platforms on the donor's behalf, or appoint someone to act in their place. Any arrangement where a third party has been given access to the donor's finances — including family members — is not permitted under the Mental Capacity Act 2005 and could constitute a serious breach of the attorney's legal duties.
If there are multiple LPA attorneys, do they all need access to the donor's financial accounts?
Yes — and this is something families often overlook. Every institution that holds the donor's assets needs to be formally notified of the LPA and provided with a certified copy. Where LPA attorneys are appointed to act jointly and severally, each attorney has full independent authority and should have individual access to all relevant accounts and platforms. If an institution has not been notified of the LPA, it is under no obligation to act on an attorney's instructions.
Can I change my LPA attorneys after the LPA is registered?
Yes, as long as you still have mental capacity. You can remove an LPA attorney using a partial deed of revocation, or cancel the entire LPA and create a new one. If your circumstances change — a relationship breakdown, the death of an attorney, or a change of mind — it is important to act promptly. If an LPA attorney loses capacity or dies before the donor, and no replacement attorney has been named, the LPA may fail entirely.
Family situations and your LPA
We are a blended family with children from previous relationships. How does this affect our LPA?
It adds a layer of complexity that is worth thinking through carefully before any decisions are made. If your LPA attorney has a financial interest in your estate — for example, as a beneficiary — and other family members do not, there is potential for conflict. Who you appoint, how your LPA attorneys are expected to work together, and what safeguards are in place are all questions that deserve careful consideration. This is exactly the kind of situation Ensure Legal's LPA Advisory Service is set up to help you navigate.
We are not married. Does that affect our LPA?
Yes. An unmarried partner has no automatic legal right to make decisions about your finances or your care, regardless of how long you have been together. Without a Lasting Power of Attorney, your partner cannot access your bank accounts, manage your property, or make decisions about your health and welfare. A Lasting Power of Attorney is the only way to give your partner that authority legally.
What if I don't have close family or anyone obvious to appoint as my LPA attorney?
This is more common than people realise, and it is absolutely possible to set up a Lasting Power of Attorney in this situation. Your attorney does not have to be a family member — it can be a close friend, a trusted professional, or a combination of both. If you have no one suitable in your personal life, a professional attorney, such as a solicitor, can be appointed. It is also worth considering whether a local authority or care organisation could play a role in your health and welfare decisions. The most important thing is that whoever you appoint is someone you trust completely to act in your best interests. This is one of the most important conversations to have before your LPA is set up, and Ensure Legal will help you think it through carefully.
My spouse or partner and I disagree about who to appoint as our LPA attorney. What should we do?
This often happens, and it is worth thinking through without the emotions getting in the way. Your LPA attorneys will have significant authority over your finances and your care, so disagreements about who to appoint are not trivial. Each person's LPA is their own — you do not have to appoint the same attorneys as each other, and you are not obliged to appoint your spouse or partner at all. The key is to think through the reasons behind the disagreement before making any decisions. Is there a concern about trust, about family dynamics, or about how attorneys might work together? These are exactly the kinds of questions Ensure Legal will help you explore before anything goes on paper.
We are in a second marriage. Should we appoint each other as LPA attorneys?
This is one of the most important questions a couple in a second marriage can ask, and the answer is not always straightforward. Appointing your spouse as your attorney gives them significant authority over your finances and your care. If you have children from a previous relationship who are also beneficiaries of your estate, there is potential for conflict between what your spouse decides and what your children might expect. This does not mean you should not appoint each other — many couples in second marriages do, and it works well. But it is a decision that deserves careful thought about your specific family structure, your assets, and what safeguards might be appropriate. Ensure Legal will help you think through all the implications before you decide.
What does an LPA cost and is it worth it?
How much does it cost to set up a Lasting Power of Attorney?
Ensure Legal's fees start from £300 for a single LPA, £600 for both types, and £1,100 for a joint couple wanting both types. In addition, the Office of the Public Guardian charges a registration fee of £92 per LPA, payable separately. This compares favourably with solicitor fees which typically range from £500 to £1,500 per LPA. Every Ensure Legal fee includes a personal consultation, expert guidance on attorney selection, document preparation, full OPG registration management, and our 100% approval guarantee.
What happens if my LPA is rejected by the Office of the Public Guardian?
Common reasons for rejection include missing signatures, incorrect witness arrangements, or errors in the document. The OPG registration fee of £92 per LPA is non-refundable in the event of rejection. If your LPA is prepared by Ensure Legal and is not approved, we will resolve the issue and resubmit at no additional cost. This is why accurate preparation matters — an error that seems minor can delay your LPA by months and cost you an additional registration fee.
If there are multiple LPA attorneys, do they all need access to the donor's financial accounts?
Yes — and this is something families often overlook. Every institution that holds the donor's assets needs to be formally notified of the LPA and provided with a certified copy. Where LPA attorneys are appointed to act jointly and severally, each attorney has full independent authority and should have individual access to all relevant accounts and platforms. If an institution has not been notified of the LPA, it is under no obligation to act on an attorney's instructions.
Is it worth paying for professional LPA preparation rather than doing it myself?
A DIY LPA application costs only the £92 OPG registration fee. But if it is rejected — and errors in DIY applications are common — you pay the fee again and start over. More importantly, the form does not help you think through the decisions inside it. Who you appoint, how your attorneys should work together, and how your LPA interacts with your estate and your family situation are all questions that deserve careful thought. Professional preparation gives you the confidence that the document is correct, the decisions are right for your situation, and that nothing has been overlooked.
About the Ensure Legal LPA Advisory Service
How does the Ensure Legal LPA Advisory Service work?
The process begins with a personal consultation — a conversation about your family situation, your assets, and your wishes. We take the time to understand your specific circumstances before anything goes on paper. From there we guide you through every decision, prepare your LPA documents, and manage the entire registration process with the Office of the Public Guardian on your behalf. You will be kept informed at every stage.
Do I need to come to an office to use Ensure Legal's LPA Advisory Service?
No. All Ensure Legal consultations are conducted by telephone or video call. There is no need to travel or attend an appointment in person. This makes the process straightforward and accessible, whether you are based locally in the South West or further afield.
What happens after my LPA is registered?
Once your LPA is registered with the Office of the Public Guardian, it needs to be formally presented to every institution that holds or manages your assets — banks, investment platforms, pension providers, mortgage lenders, insurers, and any legal or professional advisers. Each institution has its own process for registering an LPA and will require a certified copy of the registered document. Ensure Legal provides guidance on this process as part of our service so nothing is missed.
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Book a CallSpeak to our Later Life Care Advisor:
+44 7838 161535
+44 7838 161535