Do I need a solicitor to set up a lasting power of attorney?
Many people ask, ‘Can I set up a Lasting Power of Attorney (LPA) myself, or do I need a solicitor?’
The honest answer is you can do it yourself, but whether you should depends entirely on your individual situation.
This guide walks you through both routes, creating an LPA yourself or with professional legal help, so you can make an informed decision that fits your circumstances and budget.
If you’d like to set up a lasting power of attorney with the guidance of a local solicitor, we’re based in Warrington and can help.
Can you set up an LPA without a solicitor?
Yes, you can legally set up an LPA yourself.
However, this is often when mistakes become more common, and applications are rejected due to missing or incorrect information. This also means that fixing those problems often costs more than getting it right the first time.
If your DIY application gets rejected by the Office of the Public Guardian (OPG), the authority body for Lasting Powers of Attorney, it can make the process longer and increase the likelihood of going to a solicitor in the end anyway.
What’s involved in an LPA application if I’m doing it myself?
If you choose to DIY your lasting powers of attorney application, here are the key steps:
Please note that in all instances, we recommend having the legal expertise of a local solicitor during this process for a better guarantee of success during the registration process.
Step 1: Download the forms
The OPG provides downloadable forms on their website for:
- LPA for health and care decisions (LP1H)
- LPA for financial decisions (LP1F)
Step 2: Complete the LPA forms
These forms consist of over 20 pages each and need to be fully completed, signed, and witnessed before they are submitted.
- Fill in your details, your attorneys’ details, and your certificate provider’s details.
- Sign the forms in front of a witness.
- Request your attorneys to sign in front of a separate witness.
- Forward the forms to your certificate provider (typically a solicitor, doctor, or someone who’s known you for 2+ years) to complete their section.
Step 3: Submit to the Office of the Public Guardian
Post the completed form with the £92 registration fee (per application) to the Office of the Public Guardian.
As soon as the OPG receives your paperwork, they must write to the donor and the attorneys to officially log the application. This 4-week window gives relevant parties a legal opportunity to object to the registration, and it can’t be shortened or bypassed for any reason.
The OPG does not correct mistakes on your behalf. If you miss a signature, date things out of order, or miss a page, they will reject it and mail it back. It’s then your responsibility to correct it and restart the process, resulting in a £46 resubmission fee.
Reasonable situations for doing an LPA application yourself
The DIY process works if your situation is straightforward, such as:
- Your situation is straightforward, with basic assets (home, savings, pension), no complex business interests, no foreign property, and no ongoing tax complications.
- You have clear mental capacity, with no diagnosed or suspected cognitive decline, dementia, or health conditions affecting your ability to make decisions. You understand what an LPA is, why you need it, and who you’re appointing as attorneys.
- A certificate provider is already lined up, with access to someone who qualifies (your GP, a solicitor you know, or a trusted person who’s known you for 2+ years. They’re also confirmed as willing and understand the role.
- There are no family disagreements or disputes about who your attorneys should be, no complicated family dynamics, and no likelihood of challenge later.
- You can wait 8–12 weeks for registration. If you need decisions made urgently, DIY won’t work, as the unregistered LPA has no legal power until it’s registered.
- You’re comfortable with forms and processes and don’t mind detailed paperwork. Make sure you’re confident it can be completed correctly.
If all of this describes your situation, DIY is viable. But read the next section carefully before deciding.
When to use a solicitor for lasting powers of attorney
Use a solicitor if any of these apply:
- Your capacity is questionable. Recent illness, stroke, early dementia diagnosis, or memory concerns. A solicitor can arrange medical evidence and act as a certificate provider, which puts the LPA in a much stronger position if capacity is ever challenged.
- Complex situations such as owning a business, having significant investments, holding foreign property, or having complicated family dynamics (second marriage, estranged family members, inheritance concerns). These situations need legal advice.
- Uncertainty about which LPA type(s) are needed. Health and Welfare only? Property and Finance only? Both? A solicitor will assess your situation and advise correctly.
- You want the certificate provider role handled professionally. If capacity is questioned later, a regulated solicitor is far better positioned to defend the LPA than a friend or family member.
- A previous DIY attempt was rejected. A solicitor can identify why, correct it, and resubmit successfully.
- You’re running out of time capacity-wise. You’ve noticed memory changes or received a diagnosis. With a shorter window, acting fast with professional help saves potential rejections and future uncertainties.
How much does it cost to use a solicitor for an LPA?
DSM Legal offers two main service options for lasting powers of attorney in Warrington, though we can also work remotely.
Basic Service: £195 + VAT (single LPA) or £380 + VAT (two LPAs)
We’ll prepare the completed forms and post them to you with instructions. Then, it’s up to you to arrange witnessing and find a certificate provider. The submission to the OPG will be handled by you.
This is the best for people who want professional form completion but are fully able to handle logistics.
Full Service: £395 + VAT per LPA or £750 + VAT for two LPAs
We handle everything for you:
- Take your instructions
- Complete forms
- Witness your signature and your attorneys’ signatures
- Act as certificate provider
- Submit to the OPG
- Monitor progress
- Return your registered LPA.
This is the preferred option by most of our clients, as it removes all admin burden and places a regulated professional in the certificate provider role.
Additional registration fees include the OPG charges at £92 per LPA.
Fee remission
If you receive pension credit, income support, or universal credit, you may qualify for reduced or waived registration fees. Get in touch today, or visit us at our Warrington office, and we can assist with the application.
Why acting early matters for an LPA
You cannot create an LPA once you lose mental capacity. Once you no longer understand what you’re doing, why, and what the consequences are, you cannot legally sign an LPA.
This means that conditions such as early dementia can be deceptive. You might feel fine, but as the condition progresses, capacity can change drastically. The goal of establishing a lasting power of attorney early is that it’s secure and ready for you even if circumstances then change.
By setting up an LPA while you’re well, you protect your choices. You decide who makes decisions about your care and finances, and avoid that control passing to the courts, your family, or a stranger.
Get started creating a lasting power of attorney
If you’re unsure about needing professional help, book a consultation with our team. We’ll assess your situation and advise honestly on your next steps.
If you’ve already decided to use a solicitor, contact us to discuss options. We can set up either a basic service (if you want to handle some logistics) or a full service (if you want us to manage everything).
To find out more about lasting powers of attorney, visit this page on our website.
Ready to get started? Call us on 01925 937070 or book your consultation via our website. We’re based in Warrington and can meet you here or discuss everything over the phone.