MP Estate Planning UK

How to Activate Lasting Power of Attorney in the UK

How to Activate Lasting Power of Attorney in the UK

If you’ve already set up a Lasting Power of Attorney (LPA), the next crucial step is knowing how to activate it. Without proper activation, your attorneys cannot legally act on your behalf—whether it’s to manage finances or make health decisions.

So, how do you activate a lasting power of attorney in the UK? The process begins with registration through the Office of the Public Guardian (OPG). After that, activation depends on the type of LPA and whether the donor still has mental capacity.

In this step-by-step guide, we’ll explain how to activate both types of LPA—Property & Financial Affairs and Health & Welfare. If you’d prefer help from an expert, you can book a free consultation or view our transparent pricing.

What Does “Activating” a Lasting Power of Attorney Mean?

Activating a Lasting Power of Attorney means giving legal authority to your chosen attorneys to act on your behalf. However, activation is not automatic—certain conditions must be met before the LPA can be used.

Two key requirements must be satisfied:

  • The LPA must be registered with the Office of the Public Guardian (OPG).
  • The donor must either:
    • Give explicit permission (for a Property & Financial Affairs LPA), or
    • Have lost mental capacity (for a Health & Welfare LPA).

Step 1: Register the LPA with the OPG

Without registration, an LPA is legally invalid. To register it:

  1. Complete the form via GOV.UK.
  2. Ensure it’s signed by:
    • The donor
    • A certificate provider (who confirms mental capacity)
    • Each appointed attorney
  3. Submit the signed documents to the OPG with the £82 fee per LPA.

Processing time: Registration usually takes 8 to 10 weeks. Once approved, you’ll receive a stamped official copy confirming it is valid.

Step 2: Know Which Type of LPA You’re Activating

The rules for activation vary depending on the type of LPA.

Property and Financial Affairs LPA

This type of LPA can be used:

  • Immediately after registration, if the donor consents.
  • Without consent if the donor has lost mental capacity.

Examples of actions attorneys can take:

  • Pay bills and manage accounts
  • Buy or sell property
  • Oversee investments and pensions

Health and Welfare LPA

This LPA can only be used when the donor has lost capacity. Attorneys must follow the Mental Capacity Act Code of Practice to assess this.

Examples of use:

  • Making care home arrangements
  • Deciding on medical treatment
  • Managing daily health and lifestyle choices

Step 3: Inform Relevant People and Organisations

After the LPA is active, attorneys should notify relevant parties, including:

  • Banks, mortgage lenders, and pension providers
  • Utility companies and service providers
  • Land Registry, if managing property
  • GPs, hospitals, and care facilities

What they may request:

  • The original LPA or a certified copy
  • Proof of ID for attorneys
  • The OPG-stamped confirmation

How Attorneys Should Act After Activation

Once the LPA is in effect, attorneys must always act:

  • In the best interests of the donor
  • With transparency—keeping accurate records
  • Separately from their own finances (for financial LPAs)
  • By involving the donor where possible

Misuse of power may lead to an investigation and removal by the OPG.

When an LPA Can’t Be Activated

An LPA cannot be used if:

  • It hasn’t been registered
  • It contains errors or is incomplete
  • The donor revoked it
  • The donor still has capacity and hasn’t given consent (for Property & Financial Affairs LPA)

To avoid delays, it’s best to get support from an expert. Book a free consultation for help activating your LPA.

FAQs About Activating an LPA

How long does it take to activate an LPA?

About 8–10 weeks for registration. Financial LPAs can be used immediately after; health LPAs only after mental capacity is lost.

How do I know my LPA is registered?

The OPG will send you a stamped official copy. Without this, the LPA is not valid.

Can I use a Health and Welfare LPA while the donor still has capacity?

No. This type only becomes active after the donor loses the capacity to make decisions.

Can attorneys use the LPA abroad?

UK LPAs may not be recognised internationally. Check with local authorities in the relevant country.

Conclusion: Activate Your LPA With Confidence

Knowing how to activate a lasting power of attorney in the UK is key to making the document effective. Once registered and properly activated, your attorneys can step in when needed—giving you peace of mind that your affairs are in trusted hands.

If you’re unsure about any step in the process, our expert team can help you activate, register, or create your LPA with confidence and clarity.

How can we
help you?

We’re here to help. Please fill in the form and we’ll get back to you as soon as we can. Or call us on 0117 440 1555.

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