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How Do You Get Power of Attorney for a Parent? (2026)

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Luke Harris · Content and SEO
A daughter and her elderly mother reading a printed form together on the living room sofa.

In May 2026, Alzheimer's Society published a report, Unlocking the door to dementia diagnosis and treatments, and one figure in it stands out: on average, it takes 3.5 years to get from first symptoms to a dementia diagnosis.

If you've started worrying about your mum or dad, that 3.5 years matters. Lots of families wait for a diagnosis before they raise power of attorney. But a diagnosis can be years away, and many parents are well able to make their own decisions long before then, and often for a good while after.

One thing to get straight first. You can't really get power of attorney for a parent. Your parent has to give it, while they can still make that decision themselves. Most of what follows comes back to that, including why timing matters so much.

Key Takeaways

  • Your parent makes the LPA, not you.
  • A dementia diagnosis doesn't automatically rule it out. What matters is whether they understand it when they make it.
  • If they can no longer decide, the route is a court deputyship, which is slower and more expensive.
  • Registering costs £92 per LPA (as of October 2026) and takes 8 to 10 weeks if there are no mistakes.
  • You can fill in the form for them, as long as every choice is theirs.

Can You Get Power of Attorney for Your Parent?

Not on your own. In England and Wales, power of attorney for a parent usually means a Lasting Power of Attorney (LPA). New to them? Here's what an LPA actually is. It's a legal document your parent makes to choose people they trust, called attorneys, to help with or make decisions for them. The person making it is called the donor. They must be 18 or over and have mental capacity (the ability to make their own decisions) when they make it (GOV.UK).

Say your mum has started forgetting appointments and you'd like to help with her bills. You can't apply for power of attorney on her behalf. Only she can give you that authority. What you can do is raise it with her, and help with the paperwork if she decides to go ahead.

Can You Still Get Power of Attorney If Your Parent Has Dementia?

Often, yes. A diagnosis can feel like a door closing, but the law doesn't treat it that way. Under section 1 of the Mental Capacity Act 2005, a person must be assumed to have capacity unless it's established that they lack it. Section 2 says capacity is judged one decision at a time, at the time the decision needs to be made. And a lack of capacity can't be established merely by reference to someone's age, appearance or a condition they have.

So a dementia diagnosis on its own doesn't stop your parent making an LPA. What counts is whether, when they make it, they understand what an LPA is, who they're choosing and what they're handing over. That's what the certificate provider is there to confirm. More on them below. If you're unsure whether they understand it, a GP or another professional can act as certificate provider instead of a friend, though they may charge for it.

Capacity can change over time, though, which is why the NHS advises putting plans in place as soon as possible. If your parent has had a diagnosis, it's worth raising soon, while the choice is clearly theirs.

What Happens If Your Parent Can No Longer Make Decisions?

If your parent loses capacity without an LPA, you can't simply step in with their bank or their money, even as their child. Instead, a family member can apply to the Court of Protection to become their deputy. For care and treatment, doctors and care staff should take your views into account, but the final decisions are theirs.

The NHS calls deputyship "a time-consuming and expensive process", and the paperwork shows why:

An LPA your parent makes now

A deputyship the family applies for later

Who chooses the decision-maker

Your parent chooses their attorneys

The Court of Protection decides

Official fees (as of October 2026)

£92 per LPA to register

£432 application fee for each type of deputy, £266 if the court decides a hearing is needed, a £100 assessment fee, then £320 a year for supervision (£35 for minimal supervision), plus a security bond if the court asks for one

Forms

One LPA form for each type, online or on paper

Several court forms, including COP3, an assessment of capacity

Who has to be told

No one beyond the people named in it. Notifying anyone else is up to your parent

At least 3 people who know your parent

Every year afterwards

Nothing to file

The deputy sends the Office of the Public Guardian a report

What Are the Steps to Set Up an LPA for a Parent?

  1. Your parent chooses their attorneys, and any replacements.
  2. They choose a certificate provider who isn't family.
  3. The form is filled in, online or on paper, with every choice theirs.
  4. Everyone signs in order: your parent first, then the certificate provider, then the attorneys.
  5. Your parent or an attorney registers it with the Office of the Public Guardian.

Can I Fill In the LPA Form for My Parent?

Yes. GOV.UK says someone else, "for example a family member", can use the online service or fill in the paper forms for the donor. The one rule is that your parent makes the choices. As the OPG's LP12 guide puts it: "Only you can give others the power to make decisions."

If your parent can't sign or make a mark, someone can sign for them using Continuation sheet 3, with two witnesses. Everyone signs the same original document. Copies and digital signatures don't count. Small slips like these are why forms come back, so have a look at the most common reasons LPAs get sent back before anyone picks up a pen.

Who Can Be the Certificate Provider for My Parent's LPA?

The certificate provider is an independent person who confirms your parent understands the LPA and isn't being pressured into it. They're there to look out for your parent.

They must be 18 or over. They can be someone who's known your parent well for at least two years, like a friend, neighbour or colleague. Or they can be a professional, such as a GP, solicitor or registered social worker.

They can't be an attorney or replacement attorney, any family member (in-laws and step-relatives included), an unmarried partner, a business partner or employee, or care home staff. So you can never be your parent's certificate provider, and your mum can't be your dad's.

Does Power of Attorney Go to the Eldest Child?

No. There's no rule that the eldest child becomes attorney, or any child at all. Your parent chooses. An attorney must be 18 or over and have mental capacity, and can be a relative, a friend, a professional, or a husband, wife or partner (GOV.UK).

If your parent picks more than one attorney, they also choose how they work together: "jointly and severally", so each can act alone or together; "jointly", so every decision needs all of them to agree; or a mix of the two. They can name replacement attorneys too, in case someone can't act later. Our guide to choosing your attorneys walks through the trade-offs.

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Can I Be Power of Attorney for Both Parents?

Yes, if they both choose you. But each parent makes their own LPAs. There's no such thing as a joint LPA for a couple. Each of them needs to be able to make the decision for themselves, and each needs a certificate provider from outside the family, so one can't certify the other's. The same friend or professional can do it for both.

If both parents want both types, that's four documents in all.

Does My Parent Need Both Types of LPA?

Not necessarily, but many people make both, because they do different jobs. A property and financial affairs LPA covers money and property, like paying bills, running bank accounts or selling a home. If your parent chooses, it can be used as soon as it's registered, with their permission, so they can let you help while they're still well.

A health and welfare LPA covers decisions about care and medical treatment, including where they live. It can only be used when your parent can't make the decision themselves. Each has its own £92 registration fee.

Can I Use My Parent's Bank Account With Power of Attorney?

Yes, but only after a property and financial affairs LPA has been registered by the Office of the Public Guardian (OPG). Before that, it can't be used at all. The bank will need to see the registered LPA before it lets you act on the account, and each bank has its own process, so ask them what they need.

And while your parent has capacity, it's still their account. Your job is to help.

How Long Does It Take and What Does It Cost?

Registering costs £92 per LPA as of October 2026, so £184 for both types (GOV.UK). If your parent's income is under £12,000 a year they can apply for a reduction, and they may be exempt if they get certain benefits. Registration takes 8 to 10 weeks if there are no mistakes.

You can make an LPA yourselves on GOV.UK and pay only the £92, with no provider fee. If you'd like help, SimpleLPA costs £49 per LPA on top of the OPG fee. It takes about 7 minutes online, a real person reads every document after payment (usually within 48 hours), and you can print it at home or have it printed and posted to you free. Edits and re-downloads are free until it's registered. Our full cost breakdown compares the options.

Frequently Asked Questions

Is next of kin the same as power of attorney?

No. "Next of kin" gives no legal power over your parent's money or care in England and Wales. Hospitals use it for contact details, but only a registered attorney or a court-appointed deputy can make decisions for your parent.

Can my parent cancel their LPA later?

Yes, as long as they can still make that decision themselves. To end a registered LPA, they send a deed of revocation to the Office of the Public Guardian along with the original LPA. Once they've lost capacity, they can't end it themselves.

Does this work if my parent lives in Scotland?

No. LPAs are for England and Wales. Scotland and Northern Ireland have their own systems, so you'd need to follow the rules there. This guide, and SimpleLPA, cover England and Wales only.

Do I need a solicitor to get power of attorney for my parent?

No. Your parent can make an LPA on GOV.UK and pay only the £92 registration fee. Some families prefer a solicitor or a guided online service to help with the paperwork. SimpleLPA's documents are designed to solicitor standards.

How Do You Start the Conversation?

It can feel awkward, so start with yourself. If you've made your own LPA, or are thinking about it, mention that first and ask whether they've thought about theirs. It's easier to talk about something you're both doing.

Pick a quiet moment rather than a crisis, and keep it about what they want: who they'd trust, and what matters to them. It can also be a good moment to check whether they need a will.

If they'd rather think about it, or decide against it, that's their call. You can always come back to it. When they're ready, you can make a lasting power of attorney online together with SimpleLPA. We're a legal technology provider, not a law firm, and we don't give legal advice.

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