Setting up an LPA for an elderly parent

Guidance from Estate Advisory Group

You cannot make an LPA for your parent. Only they can — and only while they understand it. What you can do is help them do it properly, and soon.

How to start the conversation

Frame it as planning, not decline: "I'm doing mine, shall we do yours at the same time?"
Lead with the practical: a frozen account after a stroke is a better argument than dementia.
Involve all siblings early. Being seen to arrange it privately is what causes rows later.
Let them choose their attorneys. It may not be you, and that is their right.

What you must not do

Pressure invalidates the LPA

The certificate provider must speak to your parent alone and confirm nobody pushed them into it. If you are to be an attorney, you cannot be the certificate provider or witness their signature, and you should not be in the room for that conversation.

The capacity question

If your parent's memory is already worrying you, act now and consider a GP or solicitor as certificate provider so the assessment is recorded by a professional. If capacity has already gone, an LPA is no longer possible and the route is a Court of Protection deputyship — see what happens without an LPA and mental capacity explained.

Practical help you can give

Gather names, addresses and dates of birth for everyone involved.
Sit with them through the questions — our wizard is designed for exactly that conversation.
Handle the printing, the postage and the fee, and arrange the signing appointments.
Consider doing both types together, which costs £79 with us rather than £98.

Common questions

Can I sign the LPA on my parent's behalf?

Only if they cannot physically sign, in which case someone can sign at their direction on continuation sheet 3 with two witnesses. They must still have mental capacity.

Can I pay for it?

Yes, there is no restriction on a family member paying the fees.

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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.

Published by Estate Advisory Group