How to Fill In LPA Forms: A Plain English Walkthrough of Every Section

Filling in a Lasting Power of Attorney form can feel overwhelming. The paperwork is substantial, the questions are technical, and one mistake could delay the entire registration process with the Office of the Public Guardian. This guide breaks down the sections of the LPA forms into simple, actionable steps so that anyone can complete it with confidence.

Whether using the digital LPA tool or paper forms, the sections are broadly the same. This walkthrough covers each one, highlights common pitfalls, and explains what the Office of the Public Guardian is actually looking for.

Why Getting the Form Right Matters

The Office of the Public Guardian receives thousands of LPA applications every month. Forms with errors or missing information are returned, adding weeks to the process. When someone has already lost capacity, or health is declining, delays matter. Getting the details right the first time means the Lasting Power of Attorney is registered faster and the attorney can act immediately when needed.

The form is also a legal document. Ambiguity or incomplete sections can create disputes between attorneys or make it harder for banks and healthcare providers to accept the power of attorney. Taking time now prevents confusion later.

What Is Section 1: Donor Details?

The donor is the person creating the Lasting Power of Attorney. This is where the form records who is giving power of attorney.

Full Legal Name

Write the name exactly as it appears on the birth certificate or passport. If the name has changed through marriage or deed poll, use the current legal name. Some people have multiple versions of their name on different documents. Stick with one: the name on official identification.

If the name includes a suffix like “Junior” or a prefix like “Dr”, include it. The Office of the Public Guardian uses this to match the form to other official records, so accuracy is critical.

Date of Birth

Write the date of birth in DD/MM/YYYY format. Double check this against the passport, driving licence, or birth certificate. Many rejections happen because the date of birth does not match records held by banks or the NHS. If there is a discrepancy between documents, use the date on the birth certificate as the authoritative version.

Current Address

Provide the address where the donor currently lives, even if in temporary accommodation or moving house soon. The Office of the Public Guardian will use this address for contact if there are questions about the form. If the donor is moving, the address can be updated after registration.

Include the postcode. The digital tool requires this, and the Office of the Public Guardian uses it to verify identity. If the donor does not have a fixed address, write “no fixed abode” and provide a contact telephone number or email address instead.

Contact Details

Include a telephone number and email address where the donor can be reached. The Office of the Public Guardian prefers email, but a phone number is important as a backup if the email address is incorrect or the inbox is full. Use contact details that are checked regularly. This is not the place for an old mobile number or email address no longer in use.

What Is Section 2: Choosing Attorneys?

An attorney is someone the donor trusts to make decisions on their behalf. They have legal power to act in the donor’s name when the donor loses capacity. This is a significant responsibility, so choosing carefully matters.

Who Can Be an Attorney

An attorney must be over 18 years old and have mental capacity when appointed. They can be a family member, a friend, a professional such as an estate planner, or a combination. Many people appoint a spouse and an adult child, or two siblings.

An attorney cannot be under 18. They cannot be bankrupt, unless the bankruptcy was discharged more than a year ago. They cannot have an Interim Charging Order against them, which relates to debt enforcement.

Think carefully about who should manage the donor’s affairs. An attorney has wide power to sell property, access bank accounts, and make decisions about care. Choose someone trustworthy, organised, and willing to take on the responsibility.

Recording Attorney Details

For each attorney, record their full legal name, date of birth, and current address. Again, match these exactly to official documents. If an attorney has recently moved, use their current address even if they have not updated their driving licence yet.

Some forms ask for a relationship to the donor: spouse, child, friend, professional. This is optional but helpful context for the Office of the Public Guardian. If an attorney is a professional advisor or organisation, include the full registered business name.

Multiple Attorneys

A donor can appoint one attorney or several. If appointing more than one, the form will require specification of how they should work together. This is covered in detail in the next section. For now, simply list each attorney’s details clearly, ensuring each entry is complete.

What Is Section 3: Replacement Attorneys?

A replacement attorney is someone who steps in if the chosen attorney dies, loses capacity, or resigns. Naming replacement attorneys is optional but recommended.

If a replacement attorney is named and the first attorney can no longer act, the replacement takes over automatically. This avoids having to create a new Lasting Power of Attorney if the situation changes.

When Replacements Step In

Replacement attorneys step in if the original attorney: dies, lacks capacity, disclaims the power (resigns), is no longer willing or able to act, or becomes bankrupt. More than one replacement attorney can be named, and they follow the same rules as original attorneys.

If multiple original attorneys and multiple replacements are appointed, consider the order. If the first attorney cannot act, does the first replacement take over, or do the remaining original attorneys continue with a replacement joining them? The form should allow specification of this.

Recording Replacement Details

Complete the same information for replacements as for original attorneys: full name, date of birth, and address. Be clear about the order if there are multiple replacements. If replacement attorneys are not wanted, this section can be left blank, but it is worth considering whether the option would provide valuable protection.

What Is Section 4: How Attorneys Should Act?

This section determines whether attorneys must work together or can act independently. This is a crucial decision that many people overlook.

Jointly

If attorneys act jointly, all of them must agree on every decision. If two attorneys are appointed and one wants to sell a property but the other disagrees, the decision cannot go ahead. This provides strong protection against fraud or bad decisions, but it can also be slow and complicated.

Jointly is appropriate if two people are appointed who are trusted completely and who communicate well with each other. It is less appropriate if the attorneys live far apart, have a difficult relationship, or need to make quick decisions.

Jointly and Severally

If attorneys act jointly and severally, each attorney can make decisions independently. Each can act alone without waiting for the others to agree. This is faster and more flexible, but it carries higher risk of one attorney making decisions the others would not approve.

Jointly and severally is appropriate if each attorney is trusted individually and they are likely to make similar decisions. It is the most common choice, especially when attorneys are family members who know each other and make decisions as a family already.

Mixed Arrangements

Some forms allow partial arrangements: for example, attorneys might act jointly on major decisions like selling property but jointly and severally on minor decisions like paying bills. This is more complex but offers balance between protection and flexibility. Only choose this if the distinction between major and minor decisions is clear and well defined.

What Is Section 5: Restrictions and Preferences?

This section allows the donor to add any restrictions on what attorneys can do, or preferences about how they should manage affairs. This section is optional but valuable.

Adding Restrictions

A restriction is something the attorney must not do. For example: “The attorney cannot sell the family home without consulting the children” or “The attorney cannot gift money except for gifts under £100 per person per year.” Restrictions are legally binding and enforceable.

Be specific and realistic. A restriction like “Do not sell the house” is clear. A restriction like “Do not spend too much money” is vague and unenforceable. If the attorney should be cautious about spending, state a specific limit or type of spending.

Recording Preferences

A preference is guidance about what the attorney should do, but it is not legally binding. For example: “I would prefer to stay at home as long as possible” or “I would like the grandchildren to be supported through university if funds allow.” Preferences guide the attorney but do not constrain them legally.

Preferences are useful for communicating values and priorities. An attorney should follow preferences where possible, but can deviate if circumstances make it necessary. Use preferences for matters of principle. Use restrictions for matters that are non negotiable.

Examples of Restrictions and Preferences

Restriction: “The attorney cannot make gifts from the estate except to family members, and gifts must not exceed £500 per person per year.”

Preference: “I would prefer the garden and home to be maintained in good condition, and would like flowers in the front room if that is possible.”

Preference: “I value spending time with family and would like decisions about care to prioritise this where possible.”

Restriction: “The attorney cannot move me to a residential care home without consulting my daughter first.”

What Is Section 6: Certificate Provider?

A certificate provider is an independent person who confirms that the donor is making the Lasting Power of Attorney of their own free will, and that the donor understands what they are doing. The Office of the Public Guardian will not register a Lasting Power of Attorney without a certificate provider’s statement.

Who Can Be a Certificate Provider

A certificate provider must be over 18 and must not be: an attorney named on the LPA, a replacement attorney, someone related to the donor by blood or marriage, someone who lives in the same house as the donor, an employee or partner of an attorney, or someone who works in a care home or hospital where the donor lives.

Certificate providers are typically GPs, accountants, teachers, social workers, or other professionals who know the donor and can vouch for capacity and intentions. If a suitable professional is not available, contact an estate planner who can arrange this.

What the Certificate Provider Must State

The certificate provider must confirm: they know the donor personally, they have no financial interest in the Lasting Power of Attorney, the donor appeared to have capacity when the discussion took place, the donor was not under pressure or coercion, and the donor understood the Lasting Power of Attorney and the attorneys’ powers.

The certificate provider does not sign the form immediately. They sign after the donor has signed, confirming they have discussed the Lasting Power of Attorney with the donor and are satisfied the donor has capacity. This prevents someone pressuring a donor to sign and then asking a certificate provider to rubber stamp it.

Recording Certificate Provider Details

Provide the certificate provider’s full name, address, telephone number, and professional details if applicable. Some forms ask for their profession or relationship to the donor. Be accurate: if they are a GP, state this. The Office of the Public Guardian uses this to verify the certificate provider’s credibility.

What Is Section 7: People to Notify?

The form allows the donor to ask the Office of the Public Guardian to notify certain people when the Lasting Power of Attorney is registered. These are typically family members or close friends the donor wants to keep informed.

Who to Notify

Common choices are: a spouse or partner, adult children, other close family members, or an advisor. Notification is not compulsory, but doing so ensures the notified person knows the Lasting Power of Attorney is registered and can contact the Office of the Public Guardian if they have concerns.

Do not notify people who are not trusted. If a notified person later objects to the Lasting Power of Attorney, the Office of the Public Guardian will investigate. Notify people who support the decision and will not create unnecessary objections.

Recording Notification Details

For each person to notify, provide their full name and address. The Office of the Public Guardian will send them a letter confirming the registration. Some forms ask for a relationship to the donor or a reason for notification: this is optional but helpful context.

Up to five people can be notified. If no notified persons are named, a second certificate provider is required instead. Check the form instructions for details on how to handle multiple notifications.

What Is Section 8: Donor Signature?

The donor must sign the form. This is the declaration that the Lasting Power of Attorney is being created of free will and with full understanding of what it means.

When to Sign

Sign after all sections have been completed but before the certificate provider signs. The digital tool will prompt the donor to sign at the right point in the process. If using a paper form, follow the instructions for signature order as outlined in the step by step setup guide.

Sign in front of a witness if the form requires it. Some versions require a witness to the donor’s signature. The witness should be over 18 and not have a conflict of interest. They confirm they saw the donor sign and that the donor appeared to do so of their own free will.

Signature Requirements

Sign the name as it appears at the top of the form. If the signature is very different from the usual signature due to age or illness, initial the difference. The Office of the Public Guardian understands that handwriting changes. What they are checking for is that the donor signed, that the signature belongs to the donor, and that the donor did not appear to be pressured.

If the donor cannot sign due to physical disability, they can sign with a mark or ask someone to sign on their behalf if they direct that person to do so. This will need to be explained on the form. The Office of the Public Guardian can accommodate alternative signing methods.

What Is Section 9: Certificate Provider Statement?

After the donor has signed, the certificate provider must sign and provide a statement. This is the most important section from the Office of the Public Guardian’s perspective.

The Certificate Provider’s Declaration

The certificate provider must state: they know the donor personally, they have no financial interest in the Lasting Power of Attorney, the donor had capacity when the discussion took place, the donor was not under pressure, they have known the donor for at least two years or can confirm the donor’s identity through a professional relationship, and they have no concerns about the Lasting Power of Attorney.

If the certificate provider has concerns about any of these points, they should not sign. If they sign with reservations, the Office of the Public Guardian will investigate.

Common Certificate Provider Errors

The most common error is that the certificate provider signs too early or too late. They must sign after the donor has signed. Some certificate providers sign the form at an initial meeting, then the donor signs later, which invalidates the certificate. Ensure the signing order is correct: donor signs first, certificate provider signs second.

Another error is that the certificate provider does not fully complete the declaration or leaves sections blank. Every question must be answered clearly. If the certificate provider is uncertain about any point, they should discuss it with the donor or decline to sign.

What Is Section 10: Attorney Signatures?

Each attorney appointed must sign the form. By signing, they confirm they understand their responsibilities and are willing to act as attorney.

What Attorneys Are Confirming

By signing, each attorney confirms: they understand the donor is granting them power to make decisions about personal welfare and/or financial affairs, they understand they must act in the donor’s best interests and with honesty and integrity, they have capacity to act as attorney, they are not bankrupt (unless bankruptcy was discharged more than a year ago), and they are not subject to an Interim Charging Order.

If any attorney is unsure or unwilling, they should not sign. An attorney has the right to refuse, and it is better to appoint a replacement attorney than have an unwilling attorney in position.

Replacement Attorney Signatures

Replacement attorneys must also sign, confirming the same things as original attorneys. They are only agreeing to be a replacement: they do not have power unless the original attorney cannot act. Some replacement attorneys become concerned about their role before the original attorney has even stepped in. They should be reassured they only need to act if called upon.

Signature Order and Location

The form specifies where each attorney should sign. Ensure each attorney signs in the correct place. Some forms have all signatures on one page; others have separate pages for each attorney. The digital tool handles this automatically, but paper forms require careful attention to signature placement.

What Is Section 11: The Witness to Attorney Signatures?

Many forms require a witness to the attorneys’ signatures. The witness confirms they saw each attorney sign and that the signature is genuine.

Who Can Be a Witness

A witness must be over 18 and should not be an attorney or someone with a direct interest in the Lasting Power of Attorney. The witness does not need to know the attorney well. A family member, colleague, or neighbour can act as witness. The key is that they can confirm they saw the signature happen.

Different attorneys can have different witnesses, or one witness can witness all of them. If using one witness, ensure they are present when each attorney signs.

Witness Statement

The witness must confirm they saw the attorney sign and that the signature is genuine. The witness does not need to understand what the Lasting Power of Attorney is or confirm the attorney’s capacity. They are simply confirming the signature is real.

What Is Common Mistakes to Avoid?

Incomplete Donor Details

The most common mistake is incomplete or inconsistent donor information. The donor’s name, date of birth, and address must match official documents. If there is any discrepancy, contact the Office of the Public Guardian for guidance before submitting the form.

Missing Attorney Information

Some people name attorneys but do not provide complete details. Every attorney needs a full name, date of birth, and address. If an attorney moves before the form is submitted, update their address. Incomplete attorney information causes delays because the Office of the Public Guardian cannot verify the attorney’s identity.

Unclear Appointment Instructions

If the form is unclear about whether attorneys act jointly or jointly and severally, the Office of the Public Guardian will ask for clarification. This delays registration. Be clear and unambiguous about how attorneys should work together.

Missing or Weak Certificate Provider Statement

The certificate provider must fully complete their section. If any question is left blank or the certificate provider appears uncertain, the Office of the Public Guardian will investigate. Ensure the certificate provider understands what they are confirming and is willing to sign without reservations.

Signature Order Issues

The donor must sign before the certificate provider. If signatures are in the wrong order, the form may be rejected. If attorneys sign before the donor, the form is invalid. Check the signature order carefully before submitting.

Unsigned Attorney or Replacement Attorney

If an appointed attorney does not sign, or if a named replacement attorney does not sign, the form is incomplete. Every person listed must sign unless they have explicitly declined the role. If someone declines, remove them from the form and appoint someone else.

What Is Digital Forms vs Paper Forms?

The Office of the Public Guardian digital LPA tool guides users through each section step by step. The digital tool is easier to navigate than paper forms and automatically flags incomplete sections. However, accurate information is still essential.

Paper forms require more care. Check alignment of sections, ensure signatures are in the correct places, and verify that all required information is present. If choosing a paper form, read the instructions carefully and consider having a professional review it before submission.

What Is Before Submitting?

Before submitting the completed form, check that: all donor details are accurate and match official documents, all attorneys and replacement attorneys are named with complete information, the instructions about how attorneys should act are clear, the certificate provider has fully completed their section and signed after the donor has signed, all attorneys and replacement attorneys have signed, any witness signatures are present where required, and the form is complete with no blank sections that should be filled.

What Happens After Submission

The Office of the Public Guardian will review the completed form. If everything is correct, the registration takes about four to eight weeks. If there are errors or missing information, the Office of the Public Guardian will make contact to ask for clarification or a corrected form.

Once registered, the Lasting Power of Attorney is legally valid. The attorney can then access bank accounts, property, and make decisions about care as specified in the form.

When to Seek Professional Help

The Office of the Public Guardian are strict with the filling out of LPA forms. Any simple mistakes will result in the application being rejected. This is why it is best to work with an estate planner like Elwyn & Mabel to ensure that there are no issues with your application and no delays in getting your LPA in place. We offer a free no-obligation consultation meeting, or alternatively have a free checklist you can download to help you get started with Lasting Power of Attorney:

Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.

Frequently Asked Questions

Do I need a solicitor to make a Lasting Power of Attorney?

No, you can create an LPA yourself using the GOV.UK online service or paper forms. However, a solicitor or professional estate planner can help ensure the document is completed correctly and tailored to your circumstances, reducing the risk of rejection by the Office of the Public Guardian.

How long does it take to register an LPA?

Registration typically takes between 8 and 12 weeks from the date the Office of the Public Guardian receives your application. During busy periods it can take longer. Your LPA has no legal effect until it is registered.

Can I make an LPA if I have been diagnosed with dementia?

You can make an LPA as long as you still have the mental capacity to understand what it is, what powers it gives, and who you are appointing. A diagnosis of dementia does not automatically mean you lack capacity. A certificate provider must confirm your capacity when you sign the document.

What happens if I lose mental capacity without an LPA?

If you lose capacity without an LPA in place, your family would need to apply to the Court of Protection for a deputyship order. This is significantly more expensive, takes longer, and gives the court ongoing oversight of decisions made on your behalf.

TL;DR: How to Fill in LPA Forms

Fill in LPA forms carefully by completing donor and attorney details, choosing how attorneys should act, and obtaining signatures from a certificate provider and all parties involved.

• Donor details: Full legal name, date of birth, and current address are essential and must match official documents.
• Attorney details: Include everyone who will have power of attorney, with full names, addresses, and dates of birth.
• How attorneys act: Choose jointly if all attorneys must agree on decisions, or jointly and severally if they can act independently.
• Restrictions and preferences: Add any specific instructions about how attorneys should manage the donor’s affairs.
• Certificate provider and signatures: Obtain statements from an independent certificate provider and signatures from the donor, attorneys, and those notified.

More From Elwyn & Mabel

Completing the form is one part of the process. Understanding what the Lasting Power of Attorney actually allows an attorney to do is equally important. Download the Elwyn & Mabel guide to Lasting Powers of Attorney for a complete overview of the different types, how to set one up, and what to expect during registration.

If you would like to discuss a Lasting Power of Attorney in detail or want help completing the form, book a free consultation with the team. During the consultation, you can ask questions about any section of the form, discuss how to appoint attorneys, and explore whether a Lasting Power of Attorney is the right choice for your circumstances. Book your free consultation.