Can You Make an LPA Yourself, or Do You Need a Solicitor?

Yes, you can make a lasting power of attorney (LPA) yourself in England and Wales. The Office of the Public Guardian (OPG) publishes the forms, and you do not need a solicitor to fill them in. But there is a difference between filling in a form and making a document that will work when your family needs it. An LPA is usually only put to the test years later, often when you have lost the capacity to fix anything, so getting it right first time matters more than with almost any other legal document. This guide explains where the DIY route works well, where it goes wrong, and when it is worth having a solicitor involved.

What an LPA actually is, and why the stakes are high

A lasting power of attorney is a legal document that lets you choose people you trust (your attorneys) to make decisions for you if you become unable to make them yourself. It is one of the most powerful documents you will ever sign, because it hands real authority over your money or your care to someone else.

There are two separate types, and they do different jobs. A property and financial affairs LPA covers paying bills, running your bank accounts, dealing with your pension, and selling your home if needed. A health and welfare LPA covers decisions about your care, where you live, and medical treatment. They are independent of each other, so many people make both.

Doing it yourself: when the DIY route works

For some people, the DIY route is sensible. If your affairs are straightforward, your family agrees on who should be in charge, and your choices are simple, the official forms can do the job. You can complete them online or on paper through the OPG, and there is no legal requirement to involve a professional.

The DIY route tends to work best when the following are all true:

• Your choices are simple. You have one or two obvious attorneys, and no awkward family dynamics or blended-family complications.
• Nobody disagrees. Your attorneys are happy to act together, and there is no risk of a falling-out over who is in charge.
• Your assets are uncomplicated. No business interests, no trusts, no property held in unusual ways that need careful instructions.
• You are comfortable with forms. You are confident reading guidance carefully, getting signatures in the right order, and checking your own work.

If that describes you, the cost of doing it yourself is mainly the OPG registration fee, currently £92 per LPA. That is per document, so making both types for one person means two registrations.

The certificate provider: the safeguard people miss

Every LPA needs a certificate provider. This is an independent person who signs to confirm two things: that you understand what you are creating, and that nobody is pressuring or tricking you into it. It is a safeguard built into the law to protect people from being coerced, and it is one of the parts of the DIY process that most often trips people up.

When a solicitor prepares your LPA, they will often act as the certificate provider. That matters, because they meet you, satisfy themselves that you understand what you are signing, and create a clear record that you were not under pressure. If anyone challenges the LPA later, that professional involvement is strong evidence that it was made properly.

Why DIY LPAs get rejected (and why you may not find out for years)

The cruel thing about LPA mistakes is the timing. A form can pass registration looking fine, then fail at the moment it is needed, when the person who made it can no longer put it right. The OPG also rejects applications at registration for errors that could have been avoided. Common problems include:

• Signatures and dates in the wrong order. The law requires the document to be signed by everyone in a set sequence, and getting this wrong can void it.
• Restrictions or instructions that do not legally work. Well-meaning wording that an attorney cannot lawfully follow, which the OPG will strike out or reject.
• Choosing 'jointly' instead of 'jointly and severally' without realising the effect. If attorneys must act jointly on everything, one person dying or dropping out can stop the whole LPA working.
• Naming no replacement attorney. If your first choice can no longer act, there is nobody to step in and the LPA may fail.
• An invalid certificate provider, for example someone too close to you or to your attorneys.
• Gaps left blank or pages missing. Small omissions lead to the form being sent back.

Individually these sound minor. Together they explain why a document you thought was sorted can quietly fail. A solicitor's job is to catch these before the ink is dry, not after.

The capacity rule: the deadline you cannot extend

This is the most important point in the guide. You can only make an LPA while you still have mental capacity, meaning you understand the decision and can weigh it up. There is no way around this. If a condition such as dementia or a stroke takes that capacity away before an LPA is in place, the door closes.

That is why the plain advice is to make an LPA while you are fit and well, not to wait until you think you might need it. By then it can already be too late.

Do you need a solicitor?

Not in the legal sense. Choosing whether to use one is a question of risk, and of how much the document matters to you. A solicitor adds value when the wording needs care, when family dynamics are delicate, when there are business or trust assets, or when you want to know it has been done properly and is more likely to hold up if it is ever challenged.

An LPA is one of those documents you hope you never need. But on the day it matters, the person who made it usually cannot fix a single thing. That is why I would rather get it watertight at the kitchen table now than have a family discover a problem when it is far too late.

Local help with your LPA

Safe Harbour Legal is led by Aaron Johnson, a Consultant Solicitor and TEP (a Trust and Estate Practitioner qualified through STEP). He helps families across Bridlington, Driffield, Filey, Hornsea, Beverley, Bempton, Flamborough and the wider East Riding. Fees are fixed, never a percentage of your estate, and the first call is free with no obligation. Home visits are available if getting out is difficult.