How to Set Up Power of Attorney in Wales — Step-by-Step
Choose Which LPA You Need
Wales uses two types of Lasting Power of Attorney under the Mental Capacity Act 2005:
- Property and Financial Affairs (LP1F): Covers bank accounts, paying bills, selling property, managing investments. Can be used immediately after registration (with your consent) or only upon loss of capacity.
- Health and Welfare (LP1H): Covers medical treatment decisions, care home placements, daily routines. Can only be used when a medical professional has confirmed you lack capacity for the specific decision.
Most people need both. They are separate documents with separate £92 registration fees and separate signing processes.
Pick Your Attorneys
You must choose at least one attorney — someone aged 18 or over who you trust to make decisions for you. You can appoint multiple attorneys and decide how they work together:
- Jointly: All attorneys must agree on every decision (one disagreement blocks everything)
- Jointly and severally: Attorneys can act together or independently (more flexible, less risk of deadlock)
- Joint for some, joint-and-several for others: Requires careful wording on Continuation Sheet 2 — vague instructions are a common rejection reason
You can also name replacement attorneys who step in if an original attorney can no longer act.
Find a Certificate Provider
Every LPA requires a certificate provider — an independent person who confirms you understand the document and are not being pressured. This must be either:
- A professional (solicitor, registered GP, social worker), or
- Someone who has known you personally for at least two years and is not a family member or an appointed attorney
The certificate provider signs Section 10 of the LPA. Getting this wrong is one of the top reasons the OPG rejects applications.
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Draft the Document
You have two options:
Online (recommended): Use the government's free tool at gov.uk/power-of-attorney. It runs built-in error checks, flags common mistakes, and generates a printable document. Welsh-language support is available through the OPG's Welsh Language Scheme, though the online tool currently drafts in English — you print and submit the paper version if you need a fully bilingual application.
Paper forms: Download LP1F and/or LP1H from GOV.UK. Bilingual Welsh/English versions are available. Fill in by hand and post to the OPG.
Sign in the Correct Order
This is where most DIY applications go wrong. The signing order is strict and non-negotiable:
- The donor signs Section 9 first, in front of an independent witness (aged 18+, not an attorney)
- The certificate provider signs Section 10 second
- Each attorney and replacement attorney signs their section last, in front of an independent witness
Attorneys can witness each other's signatures, but they cannot witness the donor's signature. If anyone signs out of order, the OPG will reject the entire application.
Register and Pay
Post the signed, witnessed document to the OPG with the £92 registration fee per LPA. Include form LPA120 if you qualify for fee help (full exemption on qualifying benefits, 50% remission if income is under £12,000).
The OPG enters a 4-week statutory waiting period during which anyone you named as a "person to notify" can raise objections. After that, a caseworker reviews the document.
Current processing times: 8–12 weeks for digital applications, 12–16 weeks for paper submissions.
What Happens After Registration
The OPG stamps every page of the LPA and returns it to you as a legally active document. Store the original securely — a bank vault, a fireproof safe, or with a solicitor. Keep certified copies for day-to-day use.
For a complete walkthrough with pre-signing checklists and document storage guidance, the Wales Capacity Protection Toolkit covers every step from attorney selection through to bank notification.
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