How Long Does an LPA Last UK (2026): Does It Expire?

No — a registered Lasting Power of Attorney does not have an expiry date. Once an LPA has been registered with the Office of the Public Guardian (OPG) and returned to the donor with the OPG's stamp, it is valid indefinitely. There is no annual renewal fee, no renewal process, and no requirement to reconfirm the LPA after a set period. The LPA remains valid and usable for the donor's entire lifetime, subject to the circumstances described below in which it can end: (1) The LPA is 'evergreen': an LPA created today and registered tomorrow will still be valid 10, 20, or 30 years from now. Banks, hospitals, care homes, and other organisations must accept a properly registered LPA regardless of how old it is — provided it has not been cancelled; (2) Review is advisable but not legally required: although the LPA does not expire, it is good practice to review it periodically — for example, after a major life event such as a divorce from or estrangement from the named attorney, the death of an attorney, a significant change in the donor's circumstances, or a change in the law. A review does not require any formal process — simply read the document and consider whether the named attorneys are still the right people and whether any restrictions or conditions remain appropriate; (3) The original registered document: the original registered LPA (bearing the OPG's stamp and case reference) is the document that organisations will want to see. If the original is lost, the donor (or, if the donor lacks capacity, someone on their behalf) can apply to the OPG for a certified copy.

An LPA can end in the following circumstances: (1) The donor dies: an LPA automatically ends on the death of the donor. It has no further legal effect — the donor's estate is then administered by their executor (or administrator) under the will or intestacy rules. The LPA attorney has no authority after the donor's death; (2) The donor revokes the LPA: a donor who still has mental capacity can revoke their LPA at any time. Revocation must be formal — writing a letter to the OPG is not sufficient alone. To revoke an LPA, the donor must: (a) execute a written deed of revocation (a formal document, signed and witnessed, confirming that the LPA is revoked); (b) send a copy of the deed of revocation to the OPG so that the registration can be cancelled; (c) notify all attorneys of the revocation. The LPA is cancelled once the OPG has processed the revocation. Until the OPG cancels the registration, the attorney technically still has authority — so notify promptly; (3) The OPG cancels the LPA: the OPG can cancel an LPA where it receives evidence of abuse, fraud, or behaviour contrary to the donor's best interests. Anyone (a family member, care worker, healthcare professional, or the donor) can report concerns to the OPG (online report form or 0300 456 0300). The OPG investigates and can refer to the Court of Protection; (4) The Court of Protection revokes the LPA: the court can revoke an LPA under MCA 2005 s.22–23 if it finds that the attorney is not acting in the donor's best interests, has behaved fraudulently, has behaved in a way that contravenes the authority granted, or lacks capacity themselves. The court can also suspend the LPA pending an investigation; (5) A sole attorney loses capacity or dies: if there is only one attorney and they die or lose mental capacity, the LPA can no longer be used. If the donor had the foresight to name a replacement attorney (on the original LPA form), the replacement steps in automatically. Without a replacement attorney, a new LPA cannot be made if the donor now lacks capacity — a Court of Protection Deputyship would be needed.

The consequences when an attorney can no longer act depend on how the LPA was set up: (1) Multiple attorneys appointed jointly and severally: if you appointed two or more attorneys to act 'jointly and severally' (each can act independently), the remaining attorney(s) can continue to use the LPA without interruption. The LPA is not affected by the loss of one attorney. Notify the OPG of the deceased/removed attorney's change in status; (2) Multiple attorneys appointed jointly: if you appointed attorneys to act 'jointly' (all must agree for every decision), the LPA cannot be used if any attorney dies or lacks capacity — even one missing attorney makes the LPA inoperable. This is why joint appointments are generally discouraged for most LPAs. The donor would need to create a new LPA (if they still have capacity); (3) A named replacement attorney: if the original LPA named a replacement attorney (a person who steps in if a primary attorney can no longer act), that replacement automatically takes over the role. The replacement attorney should notify the OPG and obtain written evidence (copy of the original LPA + death certificate or other evidence of the original attorney's unavailability); (4) No replacement attorney and donor still has capacity: the donor can make a new LPA naming a new attorney. The original LPA continues in force alongside the new one, or can be revoked; (5) No replacement attorney and donor has lost capacity: if the remaining attorney(s) cannot act and the donor lacks capacity, no new LPA can be made. The only option is a Court of Protection Deputyship application (6–12 months; £3,000–£5,000+); (6) An attorney loses mental capacity: if an attorney develops dementia or another incapacitating condition, they can no longer act. For a P&FA LPA, the attorney's loss of capacity automatically ends their appointment (similar to a sole attorney dying).

The answer differs between the two types of LPA: (1) Property and Financial Affairs LPA (P&FA LPA): by default, a P&FA LPA can be used at any time after it is registered — the donor does not need to have lost capacity. This is one of the most useful features of the P&FA LPA: the donor and attorney can work together while the donor has capacity (for example, when the donor is ill, travelling, or simply finds it convenient to delegate financial tasks). The donor remains in control and can override any decisions made by the attorney while they have capacity. However: if the donor wants to restrict the LPA to only operate when they lack capacity, they can include an express condition in the LPA form at the time of creation; (2) Health and Welfare LPA (H&W LPA): can ONLY be used when the donor lacks the mental capacity to make the specific decision being made. A healthcare professional cannot follow the attorney's instructions while the donor has capacity to make their own healthcare decisions — the donor's own preferences take precedence. This applies decision by decision — a donor with dementia may have capacity for some decisions (what to eat; what to wear) but not others (complex medical treatment); (3) Mental Capacity Act 2005 s.1 principles: the MCA 2005 presumes capacity unless proven otherwise. Just because a donor has dementia does not mean they lack capacity for every decision. Capacity is assessed decision-by-decision, time-by-time; (4) If an attorney uses the LPA when the donor has capacity for H&W decisions: this is a breach of the LPA and may constitute an offence under the MCA 2005. The attorney's duty is to act in the donor's best interests when the donor lacks capacity — not to usurp decisions the donor is capable of making themselves.

An LPA does not expire but should be reviewed periodically to ensure it remains appropriate: (1) Key events that should trigger a review: (a) divorce or estrangement from a named attorney — a divorce does NOT automatically revoke the LPA (unlike a will, which automatically lapses gifts and executor appointments on divorce under WA 1837 s.18A). If an attorney is an ex-spouse, the LPA continues in force post-divorce unless formally revoked. You must actively revoke the LPA and make a new one to remove an ex-spouse as attorney. Use form LP005 to notify the OPG of revocation; (b) death or incapacity of an attorney — review whether a replacement attorney was named and whether a new LPA is needed; (c) major changes in your circumstances — moving abroad; significant new assets; change in care needs; (d) new legislation — the LPA Act 2023 has updated some processes; make sure your documents still meet requirements; (2) How to change an LPA: you cannot simply amend an existing registered LPA. To make changes — including adding attorneys, changing restrictions, or removing someone — you must revoke the existing LPA and create a new one. Both LPAs can co-exist if you want to keep the old one in force while processing the new one, but once the new one is registered, consider whether to revoke the old; (3) Revocation process: (a) execute a deed of revocation (signed, witnessed, dated); (b) send to the OPG for cancellation; (c) notify all attorneys; (d) notify any organisations (bank, GP, care home) that held a copy of the old LPA; (4) The new LPA: must go through the full creation and registration process again (certificate provider; attorney signatures; OPG fee £82; 4–16 weeks registration time). Start the new LPA before revoking the old one so you have continuous cover.