Question 1

What is a Lasting Power of Attorney (LPA)?

Accepted Answer

A Lasting Power of Attorney is a legal document that lets you appoint someone you trust (called an attorney) to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions yourself. LPAs are governed by the Mental Capacity Act 2005 and only apply in England and Wales.

Question 2

What's the difference between Property & Financial Affairs and Health & Welfare LPAs?

Accepted Answer

A Property & Financial Affairs LPA covers decisions about money, property, and finances - like managing bank accounts, paying bills, or selling property. A Health & Welfare LPA covers decisions about medical treatment, care arrangements, and daily routine. The key difference is that a Property & Financial LPA can be used while you still have capacity (if you choose), while a Health & Welfare LPA can only be used when you lack capacity.

Question 3

Do I need both types of LPA?

Accepted Answer

While not legally required, most people create both types for complete protection. Having both ensures that if you lose capacity, your chosen people can make all types of decisions on your behalf - both financial and health-related. We offer a discount when you create both LPAs together.

Question 4

When can I make an LPA?

Accepted Answer

You can only make an LPA while you have mental capacity to understand what you're doing. This means you need to understand what an LPA is, what powers you're giving, and who you're appointing. If you wait until you lose capacity, it will be too late - that's why we recommend creating an LPA now, even if you're in good health.

Question 5

What's the difference between an LPA and a Will?

Accepted Answer

A Will only takes effect after you die and deals with what happens to your assets. An LPA takes effect while you're alive and allows someone to make decisions for you when you can't. You need both documents for complete peace of mind.

Question 6

How much does it cost to create an LPA with LPAReady?

Accepted Answer

A single LPA costs £49. Both LPAs together (Property & Financial Affairs + Health & Welfare) cost £79, saving you £19. Note that you'll also need to pay the OPG registration fee (£82 per LPA) separately when you register your completed LPA.

Question 7

How long does it take to complete the form?

Accepted Answer

Most people complete our online form in about 20 minutes. You'll need to have the details of your attorneys and certificate provider ready. After payment, you can download your forms immediately.

Question 8

Are the forms produced by LPAReady legally valid?

Accepted Answer

Yes. LPAReady generates the official LP1F and LP1H forms that are accepted by the Office of the Public Guardian. Our forms comply with the Mental Capacity Act 2005 and current OPG requirements. They are identical to what a solicitor would produce.

Question 9

Do I need to create an account?

Accepted Answer

No. You can complete the entire process without creating an account or providing a password. Simply fill in the form, pay, and download your documents instantly.

Question 10

Is my data secure?

Accepted Answer

Yes. All payments are processed securely through Stripe. Your LPA data is stored in your browser session and is not saved on our servers after you download your documents. We comply with UK GDPR and the Data Protection Act 2018.

Question 11

Who can I appoint as my attorney?

Accepted Answer

You can appoint anyone aged 18 or over who has mental capacity. Most people choose family members (spouse, children, siblings) or close friends. For a Property & Financial LPA, you can also appoint a professional like a solicitor. Your attorney must be willing to act and understand their responsibilities.

Question 12

How many attorneys can I appoint?

Accepted Answer

You can appoint between 1 and 4 attorneys. If you appoint multiple attorneys, you'll need to decide how they make decisions - either jointly (all must agree), jointly and severally (can act together or alone), or a combination.

Question 13

What is a replacement attorney?

Accepted Answer

A replacement attorney steps in if your original attorney can no longer act - for example, if they die, lose capacity, or decide they no longer want to be your attorney. Naming replacement attorneys is optional but recommended.

Question 14

Who can be my certificate provider?

Accepted Answer

Your certificate provider must be either: (1) someone who has known you personally for at least 2 years (like a friend, colleague, or neighbour), OR (2) a professional with relevant skills (like a doctor, solicitor, or social worker). They cannot be your attorney, a family member, or an employee of your care home.

Question 15

What does the certificate provider do?

Accepted Answer

The certificate provider confirms that you understand the LPA and aren't being pressured into making it. They must talk to you in private before signing the form. It's an important safeguard against abuse.

Question 16

What order do I sign the LPA?

Accepted Answer

The signing order is crucial: (1) You (the donor) sign first with a witness, (2) Your certificate provider signs, (3) Your attorneys sign with witnesses, (4) Replacement attorneys sign with witnesses. Signing out of order will cause your LPA to be rejected.

Question 17

Who can witness the signatures?

Accepted Answer

For your signature: any adult who is not an attorney named in the LPA can witness. For attorneys' signatures: any adult except you (the donor). Witnesses must provide their full name, address, and signature.

Question 18

How long does registration take?

Accepted Answer

OPG registration typically takes 8-10 weeks. During this time, OPG checks the form and contacts anyone you've chosen to be notified. Once registered, they'll send the LPA back to you stamped and ready to use.

Question 19

What is the OPG registration fee?

Accepted Answer

The registration fee is £82 per LPA, paid to the Office of the Public Guardian when you submit your signed forms. You may be exempt from this fee if you receive certain benefits or have a low income - check the OPG website for details.

Question 20

Can I use my LPA before it's registered?

Accepted Answer

No. An LPA must be registered with the Office of the Public Guardian before it can be used. Even a perfectly completed and signed LPA has no legal effect until it's registered.

Question 21

When can my Property & Financial Affairs LPA be used?

Accepted Answer

You can choose when this LPA can be used: either (1) as soon as it's registered, even while you have capacity - useful if you want help managing your affairs, or (2) only when you lack mental capacity. You specify this when creating the LPA.

Question 22

When can my Health & Welfare LPA be used?

Accepted Answer

A Health & Welfare LPA can only be used when you lack the mental capacity to make the decision in question. Your attorneys cannot make health decisions for you while you can still make them yourself.

Question 23

Can I cancel my LPA after it's registered?

Accepted Answer

Yes. While you have mental capacity, you can cancel (revoke) your LPA at any time. You'll need to complete a 'deed of revocation' and notify OPG, your attorneys, and anyone who has a copy of the LPA.

Question 24

What if my attorney abuses their power?

Accepted Answer

If you suspect abuse, you can contact the Office of the Public Guardian, who have the power to investigate. While you have capacity, you can also revoke the LPA. There are legal remedies available, and attorneys who abuse their position can face criminal charges.

Frequently Asked Questions

About LPAs

Using LPAReady

Attorneys & Certificate Providers

Signing & Registration

Using Your LPA

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