When should you make an LPA?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
An LPA is only valid if you understood it when you signed it. Every reason to delay is a reason to do it now.
The one hard rule
You must have mental capacity at the moment you sign. Once capacity is lost, no LPA can be made and the only route is a deputyship application to the Court of Protection, which costs more and takes months.
Life events that make it urgent
- A diagnosis of dementia, Parkinson's, MS or any progressive condition.
- Planned major surgery or a long hospital stay.
- Retirement, or one partner taking over the household finances.
- Moving abroad, or family moving abroad.
- Becoming the sole owner of a property or business.
- Turning 60 to 70, when most people's paperwork is otherwise in order.
A realistic timeline
- Preparing your answers with us: usually under an hour.
- Signing in the correct order with a certificate provider and witnesses: a few days to a couple of weeks.
- OPG registration: typically several weeks, including the statutory waiting period.
An unregistered LPA cannot be used
Because registration takes weeks, making an LPA "when it is needed" almost always means it arrives too late to help in the crisis that prompted it.
Common questions
Is there a minimum age?
You must be 18 or over to make an LPA, and your attorneys must be 18 or over too.
Does an LPA expire if I make it early?
No. It lasts until you cancel it or you die. See how long does an LPA last.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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