A Complete Guide to Lasting Power of Attorney Forms in England

Getting your affairs in order can feel a bit daunting, right? But thinking about what might happen if you can't make your own decisions later on is actually a really smart move. This article is all about lasting power of attorney forms England. It's a way to make sure someone you trust can step in and handle things for you, whether it's your money or your health, if you ever need them to. We'll go through everything you need to know, simply and clearly, so you can feel prepared.

Key Takeaways

• A Lasting Power of Attorney (LPA) lets you choose someone to make decisions for you if you can't anymore. There are two types: one for financial matters and one for health and care.

• Setting up an LPA means getting the right forms, filling them out carefully, getting them signed in the correct order by you, a certificate provider, and your attorney, and then registering them with the Office of the Public Guardian.

• Picking your attorney is a big decision. They should be someone you really trust, over 18, and not bankrupt if they're handling your money. You can have more than one attorney and even name replacements.

• There's a fee to register your LPA, currently £82 per LPA. You might get a discount or even pay nothing depending on your income or if you receive certain benefits.

• Your attorney has to follow rules from the Mental Capacity Act 2005. They must always act in your best interests, try to involve you in decisions as much as possible, and consider your wishes and beliefs.

Understanding Lasting Power of Attorney Forms England

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the 'donor') to appoint one or more people (the 'attorneys') to make decisions on your behalf if you lose the capacity to do so yourself. It's a way of ensuring your wishes are respected if you're no longer able to communicate them. Think of it as setting up a plan for the future, just in case. It's not something you have to do, but it can give you and your family peace of mind.

• It only comes into effect when you lack the mental capacity to make your own decisions.

• You can choose who you trust to act as your attorney.

• There are different types of LPA, covering different aspects of your life.

It's important to remember that an LPA is about empowering someone you trust to act in your best interests when you can't. It's not about giving up control now, but about planning for the future.

Types of Lasting Power of Attorney

There are two main types of LPA, and it's important to understand the difference between them. One covers your property and financial affairs, and the other covers your health and welfare. You can choose to have one or both, depending on your needs. Registering two LPAs will cost £164 in total.

1. Property and Financial Affairs LPA: This allows your attorney to make decisions about things like your bank accounts, investments, and property. It can be used even while you still have mental capacity, with your permission.

2. Health and Welfare LPA: This allows your attorney to make decisions about your healthcare, living arrangements, and day-to-day care. This type of LPA can only be used once you lack the mental capacity to make these decisions yourself.

3. It is important to note that with a Health and Welfare LPA, you can specify whether your attorney has the authority to make decisions about life-sustaining treatment.

Distinction from Other Powers of Attorney

It's easy to get confused about the different types of power of attorney, so let's clear up the main differences. LPAs are different from Enduring Powers of Attorney (EPAs) and Ordinary Powers of Attorney (OPAs).

• Enduring Power of Attorney (EPA): These were used before LPAs were introduced in 2007. If you made one before then, it's still valid, but you can't make a new one. EPAs only cover financial decisions.

• Ordinary Power of Attorney (OPA): This is a simpler document that allows someone to act on your behalf for a limited time, usually for financial matters. However, it becomes invalid if you lose mental capacity. An OPA can be useful if you need someone to look after your finances temporarily, for example, because you’re going into hospital or away on holiday. Or it might be that you find it difficult to get to the bank or post office, and having someone to act on your behalf would make things easier for you.

The Process of Setting Up a Lasting Power of Attorney

Setting up a Lasting Power of Attorney (LPA) might seem daunting, but breaking it down into steps makes it manageable. It's about planning for the future, ensuring your wishes are respected if you ever lack the capacity to make decisions yourself. Let's walk through the process.

Obtaining the Necessary Forms

First things first, you need the LPA forms. You can grab these directly from the GOV.UK website. They offer both downloadable forms and an online service. The online service can be easier to use as it guides you through each section, but you'll still need to print the completed form for signing. Alternatively, you can request paper forms by calling the Office of the Public Guardian. Make sure you get the right forms – there are separate ones for health and welfare, and property and financial affairs.

Completing and Signing the Forms Correctly

Accuracy is key when filling out the LPA forms. Mistakes can lead to rejection, costing you time and money. Take your time, read the instructions carefully, and don't rush. The form needs specific details about you (the donor), your chosen attorney(s), and a certificate provider. The certificate provider is someone who confirms you understand the LPA and aren't being pressured into it.

Signing the forms in the correct order is crucial. You, as the donor, sign first, followed by the certificate provider, and then your attorney(s). Each signature must be witnessed by someone independent. If the signing order is wrong, the Office of the Public Guardian won't register the LPA.

Registering Your Lasting Power of Attorney

Once the forms are completed and signed correctly, the final step is registration with the Office of the Public Guardian. You can't use your LPA until it's registered. The registration fee is currently £82 per LPA. You can register both types of LPA (health and welfare, and property and financial affairs) at the same time. Be aware that the registration process can take several weeks, so it's best to do this sooner rather than later. You can register the LPA registration yourself, or your attorney can do it if you've lost capacity.

It's worth considering getting legal advice from a solicitor when setting up an LPA, especially if your affairs are complex. While it adds to the cost, it can prevent potential issues down the line and give you peace of mind knowing everything is done correctly.

Choosing Your Attorney for Lasting Power of Attorney

Qualities of an Ideal Attorney

Choosing the right attorney is a really big deal. It's about finding someone you trust implicitly to make decisions on your behalf when you can't. The ideal attorney is someone who is responsible, reliable, and genuinely cares about your well-being. Think about people in your life who consistently demonstrate good judgement and who you know will always act in your best interests. It's not just about picking a family member; it's about picking the right family member, or friend, or even a professional.

• They should be good at communicating and keeping you informed (if possible) about decisions they're making.

• They need to be organised and able to handle paperwork and legal requirements.

• Crucially, they must understand your values and wishes.

It's a good idea to have an open and honest conversation with potential attorneys before you officially appoint them. Make sure they understand the responsibilities involved and are willing to commit to the role. This conversation can also help you gauge their understanding of your wishes and values.

Appointing Multiple Attorneys

You don't have to pick just one person! You can appoint multiple attorneys, which can be a good idea for a few reasons. Maybe you want to spread the responsibility, or perhaps you trust different people for different aspects of your life. If you do choose more than one attorney, you need to decide how they'll make decisions. They can act:

• Jointly: This means they all have to agree on every decision. It can work well if your attorneys have a good working relationship, but it can also lead to delays or disagreements.

• Jointly and Severally: This means they can act together or independently. It offers more flexibility, but it's important to make sure your attorneys are on the same page and won't make conflicting decisions. You can find out more about choosing an attorney on the government website.

• Jointly for some decisions, and jointly and severally for others: For example, they might need to agree on selling your house, but can make day-to-day financial decisions independently.

It's also smart to appoint replacement attorneys. This is in case one of your original attorneys can't act anymore – maybe they become ill, or even pass away. Without a replacement, the LPA could become invalid, leaving you in a tricky situation.

Considerations for Professional Attorneys

Sometimes, it makes sense to appoint a professional attorney, like a solicitor or accountant. This might be a good idea if your affairs are complex, or if you don't have anyone else you trust to act as your attorney. Professional attorneys charge for their time, so it's important to weigh up the costs. Official registration fees apply to all LPAs.

Here's a quick comparison:

Factor	Lay Attorney (Friend/Family)	Professional Attorney (Solicitor/Accountant)
Cost	Usually just expenses	Hourly fees
Expertise	Limited to personal knowledge	Specialist legal and financial knowledge
Impartiality	May be influenced by emotions	Impartial and objective
Availability	May have other commitments	Generally more available
Complexity Suitability	Simple affairs	Complex financial or legal situations

Before you decide, get quotes from a few different professionals and ask about their experience with LPAs. Make sure you understand their fees and how they'll make decisions on your behalf. Remember, the most important thing is to choose someone you trust to act in your best interests.

Financial Aspects of Lasting Power of Attorney

Official Registration Fees

Okay, so let's talk money. Registering a Lasting Power of Attorney (LPA) isn't free. As of today, it costs £82 to register each LPA. Now, if you're doing both types – one for financial decisions and another for health and care – you're looking at £164 total. It's a bit of a sting, I know, but think of it as an investment in your future peace of mind.

Potential for Fee Reductions

Good news, though! Not everyone has to pay the full whack. If you're on a low income (under £12,000 a year), you might be able to get a 50% discount. And if you're receiving certain income-related benefits, you might not have to pay anything at all. It's worth checking if you qualify; every little helps, right?

To see if you qualify, you'll need to check the official guidance. The process can be a bit of a faff, but it's worth it if you can save some money.

Attorney Expenses and Remuneration

So, what about your attorney? Can they just start dipping into your funds? Well, not exactly. Your attorney is allowed to claim back any out-of-pocket expenses they incur while acting on your behalf. Think travel costs, postage, that sort of thing. They need to keep a proper record of everything, with receipts and all that, which is only fair.

Generally, attorneys can't charge for their time unless they're a professional, like a solicitor. Professional attorneys will bill you for their time, so it's important to factor that into your decision when you're choosing someone. However, there's an exception: if you specifically state in the LPA form that you want to pay a non-professional attorney for their time, then you can. It's all about being clear from the start.

It's important to have open and honest conversations with your attorney about finances from the outset. Make sure everyone is on the same page regarding expenses and any potential remuneration. This can help avoid misunderstandings and maintain a healthy relationship built on trust.

Attorney Responsibilities and Decision-Making

Adhering to the Mental Capacity Act 2005

Being an attorney is a big responsibility. Your attorney must follow the rules laid out in the Mental Capacity Act 2005. This Act is there to protect the person who made the lasting power of attorney (the donor) and make sure their wishes are respected. It's not just about having the legal power; it's about using it responsibly.

Acting in the Donor's Best Interests

An attorney's main job is to act in the donor's best interests. This sounds simple, but it can be tricky in practise. It means putting the donor's needs and wishes first, even if they clash with what the attorney might want or think is best. It also means:

• Trying to involve the donor in decisions as much as possible.

• Considering the donor's past and present wishes, feelings, beliefs and values.

• Talking to other people who know the donor well, like family, friends, and carers.

It's important for attorneys to remember they're not supposed to benefit personally from their role. They can claim reasonable expenses, like travel costs, but they shouldn't use the donor's money or property for their own gain.

Navigating Health and Care Decisions

If the LPA covers health and care decisions, the attorney has the power to make choices about things like medical treatment, where the donor lives, and their daily care. These are big decisions, and they should always be made with the donor's best interests at heart. It's important to:

• Consider any advance statements the donor has made about their wishes for future care.

• Talk to doctors and other healthcare professionals to get the best possible advice.

• Balance the donor's wishes with their medical needs and what's realistically possible.

Sometimes, these decisions can be really tough, especially if the donor's wishes aren't clear or if there are disagreements among family members. In these situations, it's a good idea to seek advice from the Office of the Public Guardian or a solicitor. Remember, the goal is always to provide the best possible care and support for the donor, respecting their dignity and autonomy as much as possible. You can obtain Power of Attorney forms online.

Managing and Reviewing Your Lasting Power of Attorney

Accessing Digital LPA Services

Did you know there's now a way to access a digital version of your LPA? The government has an online service that lets you and your attorneys view a digital version of the LPA. This can be super handy for proving its validity to organisations like banks or utility companies. It's basically a secure online account with a special access code. However, keep in mind that this service isn't available for LPAs registered before 1 January 2016. It's worth checking out if your LPA is eligible, as it can simplify things quite a bit.

Making Changes to a Registered LPA

Once your LPA is registered, making changes can be tricky. Generally, you can't just alter it. It might be possible to remove an attorney, but it's really important to get advice from the Office of the Public Guardian before you do anything. Removing an attorney could actually cause your entire LPA to end, which is probably not what you want. If you still have mental capacity, you can cancel (or 'revoke') the LPA altogether. So, think carefully before making any moves. If you're unsure, seek professional advice. It's better to be safe than sorry when dealing with something as important as a registered LPA.

Revoking a Lasting Power of Attorney

Revoking an LPA is something you can do if you still have the mental capacity to make that decision. It essentially cancels the LPA, meaning your attorneys can no longer act on your behalf. Here's a few things to consider:

• Mental Capacity: You must understand the decision you're making and its consequences.

• Formal Process: There's a specific process to follow, which usually involves notifying the Office of the Public Guardian and your attorneys.

• New LPA: If you revoke an LPA and still want someone to act for you in the future, you'll need to create a new one.

Revoking an LPA is a significant step. It's a good idea to talk to a solicitor or advisor to make sure you understand all the implications before proceeding. This ensures you're making the right choice for your circumstances.

Addressing Concerns and Seeking Assistance

It's natural to have questions or worries during or after setting up a lasting power of attorney. Knowing where to turn for help is really important. Here's a breakdown of where you can get support.

Contacting the Office of the Public Guardian

The Office of the Public Guardian (OPG) is your first port of call for many LPA-related issues. They oversee the registration and operation of LPAs and can provide guidance on various aspects. If you're unsure about something, it's always best to check with them directly. They can help with things like:

• Understanding your responsibilities as an attorney.

• Clarifying the scope of the LPA.

• Answering general queries about the process.

The OPG's role is to protect people who lack the capacity to make their own decisions. They ensure attorneys act in the best interests of the donor.

Reporting Misconduct or Abuse

It's a serious matter if you suspect an attorney isn't acting in the donor's best interests, or if you believe there's financial abuse or neglect. The OPG has a duty to investigate such claims. Here's what you should do:

1. Gather as much evidence as possible.

2. Contact the OPG with your concerns.

3. Be prepared to provide details of the situation.

The OPG can take action, including applying to the Court of Protection to remove an attorney if necessary. It's important to remember that reporting concerns is often the best way to protect a vulnerable person.

Support Services for LPA Donors and Attorneys

There are various organisations that can provide support and advice to both donors and attorneys. These include:

• Age UK: They offer information and advice on a range of issues affecting older people, including power of attorney.

• The Alzheimer's Society: If the LPA relates to someone with dementia, they can provide specialist support.

• Solicitors: A solicitor specialising in elderly client matters can offer legal advice and guidance.

Having a support network can make the process of managing an LPA much easier. Don't hesitate to reach out for help when you need it.

If you're feeling unsure or need a bit of help, don't worry! It's completely normal to have questions, and we're here to make things easier for you. We understand that sorting out important papers like wills and power of attorney can seem a bit tricky, but getting the right advice is simpler than you think. We're ready to guide you through each step, making sure everything is clear and straightforward. Why not get a free quote today and see how we can help?

Wrapping Things Up

So, there you have it. Setting up a Lasting Power of Attorney might seem like a bit of a chore, but honestly, it's a really smart move for anyone in England. It just means you've got a plan in place, making sure the people you trust can look after things if you ever can't. Whether it's your money or your health, having an LPA sorted gives everyone a bit of peace of mind. It's about being prepared, not about expecting the worst. And remember, if you're ever stuck, there's plenty of help out there, from the Office of the Public Guardian to groups like Alzheimer's Society. Don't put it off!

Frequently Asked Questions

Can I use a digital version of my LPA?

Yes, you can use a digital version of your LPA. The government has an online service that lets you and your attorney(s) get to a digital copy of an LPA using a secure online account. This helps people and places like banks check that the LPA is real. For example, your attorney could use the digital LPA to show your bank or energy company that they can act for you. This online service isn't for LPAs made before 1 January 2016.

How do I make changes to my LPA?

Generally, you can't change your LPA once it's been registered. You might be able to remove one of your attorneys, but it's important to get advice from the Office of the Public Guardian first. Taking an attorney off could make your whole LPA stop working. If you are still able to make your own choices, you can also cancel (or 'revoke') your LPA.

How can my attorney be sure they're acting in my best interests?

Your attorney must always make decisions that are in your 'best interests'. This means they must: always act for your benefit, not their own or anyone else's, and not use their position to gain anything for themselves or let personal interests get in the way of their duties. They should do everything they can to help you share your thoughts and be part of the decision-making. They should think about your past and present feelings, especially any wishes you wrote down before. They need to consider your beliefs and values that might affect the decision. They should talk to others, like your family, carers, or friends, who know your feelings, beliefs, and values, and might suggest what's best for you. They must always respect your privacy, understanding that it might not be right to share information about you with everyone. They should know about any special situations, like if you've decided to refuse medical treatment in advance. Your attorney needs to weigh all these things to make a fair decision about what's best for you.

Do I need a solicitor to set up a lasting power of attorney (LPA)?

You don't have to hire a solicitor to create an LPA, but it might stop problems later on, especially if you're not sure about the process or if your situation is complicated. It costs more than doing the forms yourself, but you might find the peace of mind from professional advice is worth it. The cost for setting up an LPA can be very different from one solicitor to another, so it's a good idea to call a few places for prices before you pick one. Alzheimer's Society also has a service to help people fill out the LPA forms if you can't do it yourself or don't have internet access. You can call their support line on 0333 150 3456 to sign up.

How much does it cost to set up a lasting power of attorney?

Registering an LPA costs £82. If you're registering two LPAs at the same time – one for money matters and one for health and care choices – you'll need to pay £82 for each, so £164 in total. However, if you have a low yearly income (under £12,000), you might get a 50% discount. And if you receive certain benefits linked to your income, you won't have to pay anything at all.

Who should I choose as my attorney?

You can pick someone close to you, like a family member or friend. Or you could choose a professional, such as a solicitor. It's really important to be sure that whoever you pick will make choices that are best for you. It's also important that you give the person you ask to be your attorney enough time to think about the job and what they'll need to do, to make sure they feel good about it. Whoever you choose, your attorney must be 18 or older, and they can't be a professional care worker unless there's a very special reason (for example, if they're your only relative). There are other rules about who you can choose. For instance, an attorney for financial decisions can't be bankrupt.