How to complete and submit your lasting power of attorney application with a step-by-step guide
Setting up a Lasting Power of Attorney feels overwhelming until you break it into steps. This guide walks you through exactly what happens at each stage, starting with gathering information all the way to receiving your registered LPA from the Office of the Public Guardian.
What are Lasting Powers of Attorney forms?
The Office of the Public Guardian provides two main LPA forms:
- LP1H (Health and Welfare LPA) covers medical decisions, care arrangements, and end-of-life preferences.
- LP1F (Property and Finance LPA) covers bank accounts, property, bills, and investments.
Both forms are detailed (over 20 pages each) and must be fully completed, signed, witnessed, and submitted together. You can find the steps on how to do this yourself in a previous blog post, though we’d always recommend legal assistance to reduce the likelihood of rejections.
Most people often decide to register for both types of Lasting Power of Attorney, though you don’t have to have them both if one doesn’t match your situation.
You can download them for free from the OPG website and submit them yourself, or you can request the guidance of a solicitor, who can guide you through the process in an often simpler, more efficient approach.
At our Warrington offices, we can assist with both kinds of LPA applications, with services ranging from a basic to full-service offering. Contact us to find out more.
What are the rules for Lasting Power of Attorney?
Once registered, your attorney has significant legal duties they must follow.
- Your attorney must act in your best interests as their primary duty.
- They must follow your instructions and preferences, keeping detailed records of all decisions and spending.
- They cannot gift large sums without your permission, typically limited to £1000 per year unless your LPA states otherwise.
- Throughout, they must act honestly and transparently in all matters.
There are also clear restrictions on what your attorney cannot do, such as.
- Using your money for their own benefit
- Ignoring your wishes even if they disagree with them
- Making decisions outside the scope of the LPA you’ve created.
Oversight exists to protect you. The Office of the Public Guardian can investigate complaints if you suspect your attorney isn’t acting properly, and courts can override decisions if an attorney acts outside their powers or against your interests.
In some cases, breach of these duties can result in prosecution.
Steps to complete and submit an LPA application form
Please note that these instructions are a guide, and we recommend talking through specific details with a local solicitor before forms are submitted.
Here’s the journey from start to registration:
- Step 1: Prepare your information (names, addresses, details)
- Step 2: Complete Section A (your details and declaration)
- Step 3: Complete Section B (name your attorneys)
- Step 4: Complete Section C (certificate provider)
- Step 5: Sign, witness, and certify (critical step)
- Step 6: Submit to the OPG
- Step 7: Wait for registration (8–12 weeks typically)
Each step is straightforward if you know what’s expected, and even more so with the guidance and expertise of a solicitor at your side. Let’s go through each one.
Step 1: Prepare your information before you start
Before you touch a form, gather the key information you’ll need:
- Your full name (as it appears on official documents)
- Date of birth
- National Insurance number
- Current address.
For your attorneys (you can appoint 1 to 4 people), gather their full names, dates of birth, and addresses. You’ll also decide if they act jointly (all must agree on every decision) or jointly and severally (each can act independently).
As well as this, you’ll need your certificate provider’s name, profession (if a professional), and contact details, with confirmation they’re willing to participate.
It’s helpful to have copies of your will if you have one, your email address and phone number, and bank details if relevant. Gathering this upfront prevents incomplete forms that get rejected.
If you’re unsure about who should be your attorneys or what type of LPA you need, speak with DSM Legal. A brief consultation at our Warrington office can clarify these decisions before you commit to the process.
Step 2: Complete Section A: Your details and declaration
Fill in your full name, date of birth, address, and National Insurance number exactly as they appear on official documents. Then confirm:
- That you understand what an LPA is
- That you’re doing this freely (not under pressure)
- That you have the mental capacity to make this decision.
This is a legal requirement, not a trick. Take time to read each declaration carefully.
Step 3: Complete Section B: Name your attorneys
List who you want to make decisions on your behalf. For each attorney, provide their full name, date of birth, and address.
The important decision to acknowledge in this section is whether you want to have your attorneys act jointly, where all must agree on matters, or jointly and severally, where each can act independently.
Joint means slower but safer decisions with oversight. Jointly and severally means faster, independent action but less oversight. In our experience, many people choose jointly and severally because it’s more practical.
Can a family member be an attorney?
Yes. Family members are most common because they know you and you trust them. When considering them as an attorney, ensure they’re organised, financially responsible, and genuinely willing to take on the role.
If you’re uncertain about attorney selection or worried about family conflict, we can help you think through these decisions and their implications.
Step 4: Complete Section C: Certificate provider
The certificate provider confirms you have mental capacity and understand what you’re doing. Provide their name, profession (if professional), address, and contact details.
Who can serve as a certificate provider in an LPA application?
A solicitor, doctor, or someone who’s known you personally for at least two years. Your chosen attorney cannot be your certificate provider, nor can anyone with a financial interest in you.
They will confirm you understand the LPA, you’re making this decision freely, and you have mental capacity. This role is crucial because if capacity is challenged later, the certificate provider may need to defend the LPA.
If capacity might be questioned due to health conditions or family circumstances, using a solicitor as a certificate provider is stronger than using a personal contact. DSM Legal can fulfil this role, providing professional protection if your LPA is ever challenged.
Step 5: Signing, Witnessing, and Certification
This is where most DIY applications can have issues, so follow the order carefully.
You sign in front of a witness (not the certificate provider). The witness then signs and dates it. Your witness must be over 18, cannot be your attorney, cannot be a family member of your attorney, and cannot have a financial interest in you.
Then, each of your attorneys signs separately in front of their own witness. The same eligibility rules apply to attorney witnesses.
Your certificate provider completes their section separately and signs and dates it. They don’t need to witness your signature.
All signatures must be dated, and all pages must be signed. As well, witnesses cannot be attorneys or related to attorneys, and the certificate provider cannot witness your signature. All this needs to be completed in the correct order for the LPA to be accepted and registered.
In many lasting powers of attorney applications, rejections happen because of signature issues. A page was left unsigned, a date was forgotten, or a witness was a family member when they shouldn’t have been.
If you’re uncertain about the signature process, DSM Legal handles all witnessing for you, eliminating rejection risk entirely. Talk to us to get started, or visit us at our offices in Warrington town centre.
Step 6: Submit to the Office of the Public Guardian
- Gather all pages and check you have every page
- Include the £92 registration fee per LPA
- Pay by cheque, postal order, or online if available
- Post to: Office of the Public Guardian
- Keep copies and note the posting date.
The OPG will send notification letters to you and your attorneys within four weeks, officially logging the application. This four-week window allows parties to object and cannot be shortened.
What happens after you submit your LPA application?
Weeks 1-4: The OPG logs your application and sends notification letters.
Weeks 1-8: The OPG checks your paperwork. If correct, they proceed. If issues exist, they will contact you.
Weeks 8-12 (typically): The OPG registers your LPA and returns the original.
If rejected: The OPG will provide an explanation why. It’s then your responsibility to resubmit and pay the resubmission fee.
If the OPG has questions: They will contact you, which can add to the original timeline by another 2-4 weeks.
Can You Use a Lasting Power of Attorney Before It Is Registered?
No. Your attorney cannot act until registration is complete.
During the 8-12-week registration period, if you need urgent decisions, you’ll have to make them yourself or use a court order, which is often a slower process.
However, after registration, your attorney can act immediately.
Plan ahead if you suspect you might lose capacity soon, to protect your interests.
Common LPA delays and how to avoid them
Several issues commonly cause delays or rejection, with a frequent example being incomplete forms, particularly when a page or section is missing. To avoid this, double-check you’ve completed every single page before posting.
- Signature issues are even more common. Unsigned pages, missing dates, or the wrong person acting as a witness can all cause rejection. Carefully follow Step 5 (the witnessing section) and make sure each witness dates their signature clearly.
- Certificate provider concerns can also trip up applications. The OPG might question if the certificate provider was eligible or properly understood their role. To prevent this, choose someone credible and knowledgeable, and have a conversation with them before they sign to ensure they genuinely understand what they’re confirming.
- Handwriting issues can delay processing if the OPG struggles to read names or dates. Write clearly, particularly for names, addresses, and all dates.
- Missing registration fee is a simple but frustrating mistake. Double-check before posting that you’ve included the £92 fee.
If it’s been 12 weeks and you haven’t heard anything, contact the OPG with your reference number, and they can check the status.
If you’re following the application process alone and feel uncertain, DSM Legal can review your completed forms before you submit them to the OPG, catching potential issues and saving you time and money. Ask us about your LPA today.
After registration and your next steps
Once your LPA is registered and returned to you:
- Store it safely (at home or with your solicitor)
- Tell your attorneys where it is and discuss their responsibilities
- Share copies with your bank, GP, care provider, and relevant others
- Review every 3–5 years or after major life changes
- Update if your circumstances or attorney choices change.
Getting started with DSM Legal Limited
If you want professional help with your LPA, contact DSM Legal. We can handle the entire process, arrange all signatures and witnessing, and submit to the OPG on your behalf.
Ready to begin? Download the OPG forms or book a consultation with our team, by calling 01925 937070 or sending an enquiry via our website. We’re based in Warrington and available by phone or in person.