In short: you do not need a solicitor to make a Lasting Power of Attorney (LPA), but it is more than just a form. The preferences and instructions section is where your LPA speaks for you, and it is the part most often left blank. Solicitor-approved wording helps you fill it in well.
When discussing LPAs, you are likely to get one of two responses. Either “you need a solicitor to set up LPAs, it’s a legal minefield”. Or the second view: “It’s just a form. It’s easy, just do it yourself!”
In our experience, neither statement is strictly accurate.
Why “you must use a solicitor” isn’t right
There is no legal requirement to use a solicitor to make an LPA. GOV.UK says you can fill in the forms yourself, or get someone else to help, for example a family member, friend or solicitor
. For straightforward situations, you can work through the online system and achieve what you want without the need for legal advice. Paying for professional help isn’t essential.
However, even in straightforward situations, the LPAs you are creating are extremely powerful. They are designed to be used at times of crisis, or when you are vulnerable or unable to speak for yourself. It is easy to make a mistake, and it matters a great deal that the LPA is set up correctly.
Why “it’s just a form” isn’t right
Well drafted, an LPA speaks for you when you cannot. It gives your loved ones legal authority to act within limits you are comfortable with, and helps keep your dignity and lifestyle as you would wish. It is also the place to record your preferences and to add requirements and conditions, so your chosen attorneys have clear guidance.
Too often, even when a solicitor drafts the documents, only the bare bones of the form are filled in. That wastes the opportunity to create a fuller record of your wishes.
Problems tend to surface when the LPA is registered with the Office of the Public Guardian, or later when your attorneys start to use it. By then it can be too late to amend, and that can cause real difficulty for the people you were trying to protect.
The best of both
Our service draws on our years of experience to create a simple online system for you to work through, highlighting issues you might not have thought about, restrictions and wishes you might like to add so that you can create a document that goes beyond just naming your trusted chosen attorneys.
It also flags common mistakes and pitfalls, both in the drafting and in how workable your wishes will be in practice. By working through our simple questions, you create a document that will truly represent your wishes and an LPA you are comfortable with.
Solicitor-approved clauses for preferences and instructions
A blank preferences and instructions section is the most common missed opportunity. Many people skip it because they are unsure what to write, or include badly worded instructions that tie their attorneys’ hands.
That is why our service offers clauses that have been approved by a solicitor. You can choose the ones that fit, and adapt them to your own circumstances, rather than starting from a blank box. You can see every clause and why it matters on Capacity Vault.
Tailored to your wishes, for both types of LPA
We help you with both kinds of LPA, and each is a chance to say something personal.
Property and financial affairs. This LPA covers your money, bills and property. You can use it to say how your attorneys should handle things that matter to you, for example:
- Investments. Consulting a financial adviser before larger investments.
- Paying a family carer. Whether a family member who cares for you may be paid for that care. If that family member is also your attorney, the Office of the Public Guardian expects them to ask the Court of Protection to approve the payments first. Our post on Rogers v Wills shows what can go wrong when payment is never pinned down.
- Records. How your attorneys should keep records, or who they should report to.
Health and welfare. This LPA covers your care and treatment. You can use it to record the things that make a difference to you day to day, such as:
- Where you live. Where you would like to live, and whether a doctor should be consulted before any move to a care home.
- Your care. How you would like to be cared for, and who should be kept informed.
- Life-sustaining treatment. You also decide whether your attorneys can make decisions about life-sustaining treatment, so the choice is yours, not left to chance.
These are examples, not a script. The point is that every LPA we help you make is shaped around you, so you can choose what you want to include. If you are weighing up a living will instead, we compare the two in living wills v health and welfare LPAs.
Make your voice heard
An LPA is only as useful as the wishes written into it. You do not need a solicitor to make one, but you do deserve more than a bare form. Start by thinking about who you would trust to act for you, then work through our online system at your own pace. You will finish with LPAs for both property and financial affairs and health and welfare that reflect what you want, with solicitor-approved wording behind your preferences and instructions.
Don’t miss the opportunity to get your voice heard. Set up your LPAs with us: £120 per LPA including VAT, plus the Office of the Public Guardian’s £92 registration fee. See what an LPA costs for the full picture.
Sources
- Make a lasting power of attorney on GOV.UK
- LP12: make and register your lasting power of attorney, a guide, on GOV.UK
- SD14: OPG’s approach to family care payments on GOV.UK
- Mental Capacity Act 2005, section 11 on legislation.gov.uk
This article is general information, not legal advice.
Common questions
Do I need a solicitor to make a Lasting Power of Attorney?
No. There is no legal requirement to use a solicitor. GOV.UK says you can fill in the forms yourself, or ask a family member, friend or solicitor to help. A solicitor's check is still worth having, because a mistake may only come to light when the LPA is registered or used.
What are preferences and instructions in an LPA?
They are where you tell your attorneys what you want. The Office of the Public Guardian says attorneys should pay attention to preferences, although they do not have to follow them. Instructions are different: your attorneys must follow them.
Can my attorney be paid for caring for me?
An attorney can usually pay someone else to care for you. Where the attorney is also the person providing the care, the Office of the Public Guardian says there is a conflict of interest and the attorney will need the Court of Protection to authorise the payments.
Can my attorney refuse life-sustaining treatment for me?
Only if your health and welfare LPA expressly gives them that power. Under section 11(8) of the Mental Capacity Act 2005, an LPA does not cover life-sustaining treatment unless the document says so.
How much does an LPA cost with Make a Will?
£120 per LPA including VAT, or £240 for both types. The Office of the Public Guardian charges a separate £92 registration fee for each LPA.
Kate Scott
Solicitor · Private Client Specialist
Kate is a solicitor (SRA number 298202) who qualified in 2003. She specialises in wills, trusts, Lasting Powers of Attorney and lifetime tax planning, with particular experience in complex wills involving blended families, unmarried couples, vulnerable beneficiaries and inheritance tax. She was an accredited member of the Association of Lifetime Lawyers (formerly Solicitors for the Elderly) for over fifteen years, and joined Make a Will in 2026.
Verify Kate’s credentials: Law Society · SRA register
Further Reading
- Making a Will - GOV.UK Official UK Government guidance on making a will
- Wills - Citizens Advice Free advice on wills and inheritance