Home » Family, wills and legal matters » Make a Lasting Power of Attorney (and the Scottish and NI equivalents)
Make a Lasting Power of Attorney (and the Scottish and NI equivalents)
A power of attorney lets you choose people you trust to make decisions for you if you cannot make them yourself. A Lasting Power of Attorney (LPA) only works in England and Wales; Scotland and Northern Ireland have their own systems.
Official links
Show links for:
| Official source | Applies to |
|---|---|
| GOV.UK: make, register or end a lasting power of attorney www.gov.uk/power-of-attorney | England, Wales |
| mygov.scot: setting up power of attorney www.mygov.scot/power-of-attorney | Scotland |
| Office of the Public Guardian (Scotland): power of attorney www.publicguardian-scotland.gov.uk/power-of-attorney | Scotland |
| nidirect: enduring power of attorney www.nidirect.gov.uk/articles/managing-your-affairs-and-enduring-power-attorney | Northern Ireland |
Step by step
- England and Wales: decide whether you want a health and welfare LPA, a property and financial affairs LPA, or both. You must be 18 or over and have mental capacity.
- Choose your attorneys and decide whether they will act together or separately. You can name replacements.
- Fill in the forms online or on paper, print them and have everyone sign the same original: you, the attorneys, the witnesses and a certificate provider.
- Send form LP3 to anyone you listed as a 'person to notify', then register the LPA with the Office of the Public Guardian. It is not usable until registered.
- Scotland: make a continuing and/or welfare power of attorney, certified by a solicitor or doctor and registered with the Office of the Public Guardian (Scotland). Northern Ireland: make an enduring power of attorney, which covers financial matters only.
What you need
- Names and addresses of your attorneys and any replacements
- Details of your certificate provider and witnesses (all 18 or over)
- The LPA forms, printed and signed in ink by everyone
Common mistakes
- Signing copies or using digital signatures. Everyone must sign the same original document.
- Letting an attorney witness your signature or act as certificate provider. They cannot.
- Assuming an English or Welsh LPA works in Scotland or Northern Ireland, or for property there.