This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.

How to get power of attorney for an elderly parent

Written by Settle Editorial Team · Last reviewed · 7 min read

Checked against GOV.UK, the LP12 guide, the Mental Capacity Act 2005 and the LPA regulations on 18 October 2026.

Quick answer

You can't make a Lasting Power of Attorney (LPA) for your parent. Your parent has to make it themselves, while they have mental capacity (the ability to make their own decisions). Your part is to raise it, help them prepare and help with the paperwork. The official online service is free, and registering costs £92 per LPA, paid to the Office of the Public Guardian (OPG). If your parent can no longer make the decision, the usual route is deputyship through the Court of Protection.

Key takeaways
  • Your parent (the "donor") must be 18 or over and have mental capacity when they make the LPA.1
  • There are 2 types: property and financial affairs, and health and welfare. They can make one or both.1
  • An LPA must be registered with OPG before it can be used.3
  • It's free to complete online. Registering costs £92 per LPA, less or nothing if your parent qualifies for help.314
  • If an LPA is no longer possible, someone may have to apply to the Court of Protection to become a deputy.10

Families often start thinking about power of attorney when a parent's health or memory begins to change. This guide covers who makes the LPA, how to raise it, the steps, and what happens if it's too late. It applies to England and Wales: an LPA is legally binding only there.1

Your parent has to make it themselves

An LPA is your parent's legal document, not yours. GOV.UK says: "You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA."1 The choice of attorneys, replacements and any wishes must be theirs.

The law starts from a presumption of capacity: "A person must be assumed to have capacity unless it is established that he lacks capacity", and someone shouldn't be treated as unable to decide just because they make an unwise decision.6 Capacity is about a particular decision at a particular time. A diagnosis such as dementia does not, on its own, mean someone lacks capacity.7

Settle can't assess capacity, and nothing online can. If you're unsure, talk to your parent's GP before anything is signed. See Dementia, mental capacity and making an LPA.

How to raise it with your parent

  • Pick a calm moment. Choose a time of day when they're usually at their best. The law expects information to be explained in a way that suits the person.8
  • Explain what it does, and doesn't, do. A property and financial affairs LPA "can be used as soon as it's registered, with your permission". A health and welfare LPA "can only be used when you're unable to make your own decisions".1 On the property and financial affairs form, your parent chooses whether it can be used as soon as it's registered or only when they don't have mental capacity.5
  • Let them lead. They choose who acts for them, whether to name replacement attorneys, and how their attorneys make decisions together.4
  • Mention the cost. The official online service is free, and registering costs £92 per LPA (less or nothing if your parent qualifies).143 See LPA cost and fee help.
LPA Family Pack cover
Lasting Power of Attorney Family Pack
Make your Lasting Power of Attorney the easy way.
A step-by-step guide and workbook for families, from first decision to registered LPA.
  • Decide who should be your attorneys, with simple worksheets
  • Check if you pay £92, half, or nothing
  • Get every signature in the right order first time
  • Know what to do after it's registered
Get the LPA Family Pack — £4.99 →
One-off · instant PDF · The official forms are free on GOV.UK. This pack helps you get them right.

The steps

  1. Choose the type, or both. Property and financial affairs covers things like bank accounts, paying bills, collecting benefits or a pension, and selling their home. Health and welfare covers daily routine, medical care, moving into a care home and life-sustaining treatment.1
  2. Choose the attorneys. An attorney must be 18 or over and have mental capacity. They could be a relative, a friend, a professional or your parent's husband, wife or partner.4 If there's more than one, your parent chooses whether they act "jointly" (all must agree) or "jointly and severally" (each can act alone or together).4
  3. Choose a certificate provider. They must be 18 or over and either have known your parent personally for at least 2 years, or have relevant professional skills, such as their GP, a solicitor or a registered social worker.9 A family member of the donor can't do it, so you can't be your parent's certificate provider.95
  4. Fill in the forms. Use the free online service or the paper forms. GOV.UK says it's usually quicker to make it and pay online.2
  5. Print and sign, in order. Your parent signs first, then the certificate provider, then the attorneys, each with a witness where required. Everyone signs the same paper original: copies and digital signatures aren't accepted.25 See LPA signing order.
  6. Register it. Your parent or the attorneys can apply. If an attorney applies, your parent is told and can object.3 GOV.UK says: "It takes 8 to 10 weeks to register an LPA if there are no mistakes in the application."3 There's no legal deadline, but apply promptly: if your parent later loses capacity, mistakes can't be put right and OPG can't register it.5

The full walkthrough is in How to make a Lasting Power of Attorney.

If your parent can no longer make an LPA

If there's a real concern that your parent can no longer make this decision, get advice from their GP or a specialist first. Don't ask them to sign while you're unsure.

  • Check for an older Enduring Power of Attorney. EPAs made and signed before 1 October 2007 can still be used. An EPA must be registered when the donor starts to lose, or has lost, mental capacity.13
  • Benefits only? If you only need to manage their benefits, you don't need to be a deputy. You can apply to become an appointee.10
  • Deputyship. Someone may have to apply to the Court of Protection to become a deputy, for property and financial affairs, personal welfare, or both. Deputies send OPG an annual report.10 The application fee is £432 (paid twice if applying for both types), with a £266 hearing fee if the court decides a hearing is needed, a £100 assessment fee for new deputies, and an annual supervision fee of £320 (or £35 for some property and affairs deputies managing under £21,000).11 In 2025, property and affairs applications took a mean of 23.9 weeks from receipt to final order (median 15.6 weeks).12

Free official help

  • The official online service is free: "It is free to complete your LPA online."14
  • The LP12 guide to making and registering an LPA is free on GOV.UK.5
  • Office of the Public Guardian: 0300 456 0300 (Mon, Tue, Thu, Fri 9am to 5pm; Wed 10am to 5pm).1
  • Age UK Advice Line: 0800 678 1602, free to call 8am to 7pm, 365 days a year.15
  • Scotland and Northern Ireland have different systems. See mygov.scot or nidirect.

Frequently asked questions

Can I make an LPA for my mum or dad?

No. Your parent must make it themselves while they have mental capacity. You can help them prepare and fill in the forms, but the decisions must be theirs.1

Can I be my parent's certificate provider?

No. A family member of the donor can't be their certificate provider.9

Can I register my parent's LPA for them?

Yes. Either the donor or the attorneys can apply to register. If an attorney applies, the donor is told and can object.3

What if my parent has dementia?

A diagnosis on its own doesn't mean they can't make an LPA. Capacity is about a particular decision at a particular time.7 If you're unsure, ask their GP.

LPA Family Pack cover
Lasting Power of Attorney Family Pack
Make your Lasting Power of Attorney the easy way.
A step-by-step guide and workbook for families, from first decision to registered LPA.
  • Decide who should be your attorneys, with simple worksheets
  • Check if you pay £92, half, or nothing
  • Get every signature in the right order first time
  • Know what to do after it's registered
Get the LPA Family Pack — £4.99 →
One-off · instant PDF · The official forms are free on GOV.UK. This pack helps you get them right.

This guide is general information, not legal or medical advice. Settle never assesses mental capacity. If you're unsure whether your parent can make an LPA, speak to their GP, another suitable professional, or a solicitor.

Sources & references

The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.

  1. Make, register or end a lasting power of attorney — GOV.UK
  2. Make a lasting power of attorney — GOV.UK
  3. Register a lasting power of attorney — GOV.UK
  4. Choose your attorney — GOV.UK
  5. LP12: Make and register your lasting power of attorney (web version) — GOV.UK
  6. Mental Capacity Act 2005, section 1 (the principles) — legislation.gov.uk
  7. Mental Capacity Act 2005, section 2 (people who lack capacity) — legislation.gov.uk
  8. Mental Capacity Act 2005, section 3 (inability to make decisions) — legislation.gov.uk
  9. Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007, regulation 8 — legislation.gov.uk
  10. Become a deputy — GOV.UK
  11. Deputy fees — GOV.UK
  12. Written question UIN 3422: Court of Protection deputyship timescales, answered 1 June 2026 — UK Parliament
  13. Enduring power of attorney: your duties — GOV.UK
  14. Make a lasting power of attorney (the official online service) — GOV.UK
  15. Age UK: Power of attorney
Checked against the published official guidance listed above.

Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.