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How to Set Up a Lasting Power of Attorney
1. Understanding What a Lasting Power of Attorney Is
A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more people (known as 'attorneys') to help you make decisions or to make decisions on your behalf. This is often used when you no longer wish to or are unable to make decisions yourself. There are two types of LPA: one for health and welfare, and one for property and financial affairs.
2. Choosing Your Attorneys
Your attorneys should be trusted individuals who understand your wishes and will act in your best interests. You can choose friends, family members, or even professional attorneys such as solicitors. It is important to discuss your decision with them beforehand to ensure they are willing and able to take on this responsibility. You may also appoint replacement attorneys if your original choices can no longer act for you.
3. Filling Out the Necessary Forms
To set up an LPA, you need to fill out specific forms. For property and financial affairs, use form LPA PA. For health and welfare, use form LPA HW. These forms can be downloaded from the UK government's website. Carefully follow the instructions for each section, as mistakes can cause delays or invalidation of the LPA. You’ll need signatures from the attorneys, a ‘certificate provider’ who confirms you understand what you’re doing, and witnesses.
4. Registering Your LPA
Once the forms are completed, you need to register the LPA with the Office of the Public Guardian (OPG) before it can be used. Submit your forms and the registration fee to the OPG. You can do this by post or online. Registration can take up to 10 weeks, so it is advisable to register the LPA well before it is likely to be needed.
5. Notifying Relevant Parties
Once the LPA is registered, notify relevant parties such as your GP, bank, and any other institutions that may need to interact with your attorneys. It ensures that your wishes can be followed smoothly without administrative hiccups. Keeping multiple copies of the LPA forms in secure locations is also a smart practice for future reference.
6. Reviewing and Amending Your LPA
Your circumstances may change over time, and it's important to review your LPA periodically to ensure it still aligns with your wishes. If any updates are required, you may need to set up a new LPA and register it again. Ensure your attorneys are kept informed of any changes to avoid confusion or conflicts in the future.
How to Set Up a Lasting Power of Attorney
1. What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a paper that lets you choose someone (an 'attorney') to help you make decisions or to decide for you if you can't. There are two kinds of LPA: one for health and care, and one for money and property.
2. Choosing Your Attorneys
Your attorneys should be people you trust. They need to know what you want and act in your best interest. They could be friends, family, or professionals like lawyers. Talk to them first to make sure they agree to help you. You can also choose backup attorneys in case the first ones can't do it later.
3. Filling Out the Forms
To make an LPA, you need to fill out forms. For money and property, use form LPA PA. For health and care, use form LPA HW. You can download these from the UK government website. Follow the instructions carefully to avoid mistakes. Mistakes can cause delays. You’ll need signatures from your attorneys, a ‘certificate provider’ who confirms you understand, and witnesses.
4. Registering Your LPA
After filling the forms, you must register the LPA with the Office of the Public Guardian (OPG) before it can be used. Send your forms and the fee to the OPG by post or online. It can take up to 10 weeks, so do this early.
5. Telling Important People
Once the LPA is registered, tell important people like your doctor, bank, and anyone else your attorneys might talk to. This helps make sure everything goes smoothly. Keep extra copies of the LPA in safe places for the future.
6. Checking and Changing Your LPA
Your life might change, so look at your LPA now and then to make sure it still fits what you want. If you need to change it, you might need a new LPA and must register it again. Keep your attorneys updated on any changes to avoid problems later.
Frequently Asked Questions
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone to make decisions on your behalf if you lose mental capacity or if you no longer want to make decisions for yourself.
There are two types of LPA: one for health and welfare and one for property and financial affairs. You can choose to set up one type or both.
An attorney can be anyone over the age of 18, including a relative, friend, spouse, partner, or a professional such as a solicitor.
Setting up an LPA ensures that your wishes are followed and that the person you trust is making decisions on your behalf if you are unable to do so.
You need to fill in the LPA forms, which are available online or from the Office of the Public Guardian. Sign them in the presence of a witness, have your attorney(s) sign, and then register the LPA with the Office of the Public Guardian.
As of 2023, it costs £82 to register each type of LPA. There may be exemptions or reductions based on your financial circumstances.
If you don’t have an LPA and you lose mental capacity, a court will appoint a deputy to make decisions for you. This process can be lengthy and costly.
Yes, you can cancel your LPA at any time as long as you have the mental capacity to do so. You must inform the Office of the Public Guardian in writing.
For a Property and Financial Affairs LPA, your attorney can act as soon as it's registered, unless you've specified otherwise. For a Health and Welfare LPA, your attorney can only act when you lack mental capacity.
You can find the LPA forms on the UK government website or request them from the Office of the Public Guardian.
No, you do not need a solicitor to set up an LPA. However, you may wish to seek legal advice to ensure that the forms are filled out correctly.
It usually takes between 8 to 10 weeks for the Office of the Public Guardian to register an LPA, provided there are no mistakes in the application.
Yes, you can appoint more than one attorney. You may also appoint replacement attorneys in case your original attorneys can no longer act on your behalf.
A certificate provider is an independent person who confirms that you understand the LPA and that you haven’t been put under any pressure to make it. This can be a professional such as your GP, or someone who has known you well for at least two years.
For a Health and Welfare LPA, you can choose whether or not your attorney has the power to make decisions about life-sustaining treatment.
A Lasting Power of Attorney (LPA) is an important paper. It lets you choose someone to help make choices for you. This is useful if you can't make choices because you're not feeling well or if you just don't want to make choices anymore.
There are two types of LPA. The first type is for health and welfare. The second type is for property and money. You can choose to set up one type or both types.
A person who can help make decisions for you must be 18 years or older. This person can be a family member, friend, husband or wife, partner, or a professional like a lawyer.
Setting up an LPA means someone you trust can make choices for you if you can't. This way, what you want still happens.
You need to fill out some forms called LPA forms. You can find these forms on the internet or by asking the Office of the Public Guardian for them. Make sure you sign the forms with a person watching you. Your attorney(s) also need to sign. After that, you must send the forms to the Office of the Public Guardian to register them.
In 2023, it costs £82 to sign up for each type of LPA. You might pay less or nothing if you don't have much money.
If you don't have a special legal paper called an LPA and you can't make decisions anymore, a judge will choose someone to decide for you. This can take a long time and cost a lot of money.
Yes, you can stop your LPA any time if you are able to make your own decisions. You need to tell the Office of the Public Guardian in a letter.
For a Property and Money LPA, your helper can start as soon as the papers are ready, unless you say something different. For a Health and Care LPA, your helper can only start when you cannot make decisions on your own.
You can get the LPA forms from the UK government website. You can also ask for them from the Office of the Public Guardian.
No, you do not need a lawyer to set up an LPA. But, you might want to ask a lawyer for help to make sure you fill the forms out right.
It takes about 8 to 10 weeks for the Office of the Public Guardian to register an LPA, as long as there are no mistakes in the application.
Yes, you can choose more than one person to be your attorney. You can also pick backup attorneys if the first ones can’t help you anymore.
A certificate provider is someone who checks that you know what the LPA means and that no one is forcing you to agree to it. This person can be a professional like your doctor, or someone who has known you really well for at least two years.
You can choose if you want your helper to decide on your health and care in a Health and Welfare LPA. This includes if they can make choices about medical treatments that keep you alive.
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