How to Set Up a Lasting Power of Attorney

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.