How Do I Make an LPA? A Step-by-Step Guide for UK Residents

Thinking about how to make an LPA in the UK? It might seem a bit daunting at first, but honestly, it's a really sensible thing to get sorted. This guide is basically here to break down the whole process, step-by-step, so you can get your affairs in order. We'll cover everything from what an LPA actually is, to how you go about filling in the forms and getting them registered. It's all about making sure your wishes are followed, no matter what happens down the line. Let's get started on figuring out how do I make a LPA.

Key Takeaways

• An LPA lets you pick trusted people to make decisions about your health, welfare, property, or finances if you can't yourself.

• You need to be 18 or over and have mental capacity when you create the LPA.

• There are two main types: Health and Welfare, and Property and Financial Affairs. You can choose one or both.

• Choosing your attorneys carefully is important; they must be people you trust to act in your best interests.

• After filling out the forms, the LPA must be registered with the Office of the Public Guardian to be legally valid.

Understanding Lasting Powers Of Attorney

What is a Lasting Power Of Attorney?

A Lasting Power of Attorney, or LPA, is a legal document that lets you choose one or more people (called 'attorneys') to make decisions on your behalf. This is really useful if you ever lose the mental capacity to make those decisions yourself, perhaps due to an accident or illness. It means your affairs can keep running smoothly without a lot of fuss.

Why Are LPAs Important?

Think of an LPA as a bit of future-proofing for your life. Without one, if you can no longer make decisions for yourself, the Court of Protection might have to appoint someone to manage your affairs. This process can be lengthy, costly, and you might not get to choose who makes those important decisions for you. It could even end up being someone you wouldn't have picked yourself. Having an LPA means you're in control of who looks after things, and when.

Without an LPA, your loved ones could face a complicated and expensive legal process if you're unable to manage your own affairs. This could mean someone you don't know or trust being appointed to make decisions for you.

Eligibility Criteria To Create An LPA

To create an LPA, you must be 18 or over and have the mental capacity to understand what you're doing. This means you need to be able to grasp the purpose of the LPA and the potential consequences of making one. If there's any doubt about your capacity, a professional might need to provide a report confirming you understand the document and its implications. It's best to sort this out while you're fit and healthy, rather than waiting until it's too late.

Choosing The Right Type Of LPA

So, you've decided to get a Lasting Power of Attorney (LPA) sorted. That's a smart move, really. But before you get stuck into filling out forms, you need to figure out which type of LPA is actually going to do what you need it to do. It’s not a one-size-fits-all situation, you see.

Health and Welfare Decisions

This type of LPA is all about decisions concerning your personal wellbeing. Think about things like what you eat, how you dress, where you live, and even decisions about your medical care. It covers everything from your daily routine to more serious medical treatments, including life-sustaining ones. Your attorneys can only make these decisions if you’re unable to make them yourself due to a loss of mental capacity. It’s about making sure someone you trust is there to speak for you when you can’t.

Property and Financial Affairs Decisions

This LPA deals with your money and property. It gives your chosen attorneys the power to manage things like your bank accounts, investments, and property. They can pay your bills, collect your income, and even sell your house if that’s what’s needed. Unlike the health and welfare LPA, this one can be used as soon as it’s registered, even if you still have mental capacity, provided you’ve given your attorneys permission to act. This can be really handy if you’re going abroad for a while or just need a bit of help managing your finances.

When Each LPA Type Can Be Used

It’s really important to get this bit right. The Health and Welfare LPA is only usable when you’ve lost the mental capacity to make those decisions yourself. Your attorneys can’t just step in because they feel like it; they have to wait until you genuinely can’t manage those decisions on your own. On the flip side, the Property and Financial Affairs LPA can be used from the moment it’s registered, or at a later date if you specify. This means your attorneys could potentially help you with financial matters even while you’re perfectly capable, if that’s what you want. It’s a bit of a balancing act, making sure the LPA is there when you need it, but not before.

It’s worth noting that you can choose to set up just one type of LPA, or you can set up both. Many people opt for both to cover all bases, ensuring that both their personal wellbeing and their financial affairs are looked after, no matter what happens. It’s a bit like having a safety net for all aspects of your life.

If you're unsure about which type is best for your situation, it's always a good idea to get some advice. You can find more information on the Office of the Public Guardian website.

Selecting Your Attorneys

When you make a Lasting Power of Attorney (LPA), you're essentially appointing people you trust to make decisions for you if you can't. These people are called your attorneys. It's a big decision, and you need to pick wisely. You can have one attorney, or you can have several. If you choose more than one, you'll need to decide how they'll work together.

Choosing Your Attorneys

Think about who you'd want making important choices about your health, welfare, or finances if you weren't able to. It's not about who you feel obligated to choose, but who you genuinely trust to act in your best interests. Consider:

• How well do they know you? Someone who understands your values and preferences will be better placed to make decisions that align with what you would have wanted.

• Are they reliable? Can you count on them to take on this responsibility seriously?

• Are they organised? Especially for a Property and Financial Affairs LPA, they'll need to manage paperwork and finances effectively.

• Do they have mental capacity? Your attorneys must be 18 or over and have the mental capacity to make decisions.

It's also worth noting that if you're making an LPA for Property and Financial Affairs, a person who is currently bankrupt cannot be your attorney. However, this doesn't apply to Health and Welfare LPAs.

Don't feel pressured to appoint someone just to avoid causing offence. If you want someone to feel involved but aren't sure they're the right fit to be an attorney, you could consider making them a 'person to notify' instead. These individuals are informed when the LPA is registered but don't have decision-making powers.

Appointing Replacement Attorneys

What happens if one of your chosen attorneys can no longer act for you? Perhaps they become ill, move abroad, or pass away. You can name replacement attorneys in your LPA. This is particularly important if you've specified that your attorneys must make decisions together (jointly). If one attorney can't act, and there's no replacement, those joint decisions might not be able to be made, potentially making your LPA unworkable.

Understanding Attorneys' Authority

When you appoint more than one attorney, you need to decide how they will make decisions. You have three main options:

• Jointly and severally: This is the most common and flexible option. Your attorneys can make decisions either together or individually. If one attorney is unavailable, the others can still act.

• Jointly: All attorneys must make decisions together. If even one attorney cannot act, no decisions can be made unless you've made specific arrangements for this.

• Jointly for some decisions, severally for others: This allows you to specify which types of decisions must be made jointly by all attorneys, and which can be made by them individually. You'll need to clearly list these in the LPA forms.

If you don't specify how your attorneys should act, the law presumes they will act jointly, which might not be what you intended. It's really important to think about this carefully, as it can significantly affect how your LPA functions.

Completing The LPA Forms

Right then, you've decided on the type of LPA and who you want to be your attorney. Now comes the part where you actually fill out the paperwork. It might seem a bit daunting, but take it step-by-step, and you'll get there.

Gathering Necessary Information

Before you even look at the forms, get your ducks in a row. You'll need details about yourself – your full name, address, date of birth, and so on. Then, you'll need the same for all your chosen attorneys and any replacement attorneys. This includes their full names, addresses, and dates of birth. It's also a good idea to have a clear idea of any specific instructions or preferences you want to include. For example, you might want your attorneys to make certain big decisions, like selling your house or agreeing to life-sustaining treatment, only if they both agree. You can find checklists on the government website to help you gather everything you need.

Filling Out Required Forms

There are specific forms for each type of LPA – one for Property and Financial Affairs and another for Health and Welfare. If you need both, you'll fill out two separate sets of forms. You can do this online, which is often easier as you can save your progress. The forms will ask for all the information you gathered in the previous step. Be thorough and accurate; mistakes can cause delays or even make the LPA invalid. Remember, an LPA is only valid while you're alive, so don't put anything in about your will or funeral arrangements.

Signing The Forms In The Correct Order

This is a really important bit, and you have to get it right, or the Office of the Public Guardian won't be able to register it. It's not just a free-for-all signing session!

Here's the general order:

1. You (the donor) sign first. This includes specific sections depending on the type of LPA you're making.

2. Your witness signs next. They need to see you sign and then sign themselves. They can't be one of your attorneys or related to you in certain ways.

3. Your certificate provider signs. This person confirms you understand what you're doing and aren't being pressured.

4. All your attorneys (and replacement attorneys, if applicable) sign last.

It's best to try and do all the signing on the same day if possible, but the crucial thing is that you sign before anyone else, and your attorneys sign after the certificate provider. If you can't physically sign your name, you can make a mark, and there are procedures for when you can't even do that.

Making sure every section is filled out correctly and signed in the right sequence is vital. It might seem like a lot of detail, but it's all there to protect you and make sure your wishes are followed properly when you can't make decisions yourself. Getting this part right is key to the whole process.

Once everything is signed, you'll need to send the forms off for registration. You can find out more about the registration process on the government website.

The LPA Registration Process

So, you've filled out all the forms, got your certificate provider to sign, and your attorneys have signed too. What's next? The next big step is getting your Lasting Power of Attorney (LPA) registered with the Office of the Public Guardian (OPG). This is the bit that makes it legally valid and usable. Without registration, your attorneys can't actually do anything with it, no matter how well-intentioned they are.

Registering Your LPA

Once all the forms are signed correctly, you (or your attorneys) need to send the original documents to the OPG. It's a good idea to keep copies for yourselves, just in case. The OPG will then review everything. If you've named 'people to notify' on the forms, they'll be sent a copy of the LPA and given a chance to raise any objections. This is a legal requirement and usually takes about four weeks.

Here's a quick rundown of what happens:

• Submission: Send the signed LPA forms to the OPG.

• Notification: If applicable, people named to be notified receive a copy.

• Review: The OPG checks the forms for errors and potential objections.

• Registration: If everything is in order, the OPG registers the LPA.

• Return: The OPG sends back the registered LPA, stamped to show it's valid.

How Long Does It Take To Register An LPA?

This is where a bit of patience comes in. The registration process can take a while. Currently, you're looking at around 20 weeks, though this can vary. It's important to remember that this includes that mandatory waiting period for objections. If the forms aren't filled out perfectly, or if there are objections, it could take even longer. It's really worth double-checking everything before you send it off to avoid any unnecessary delays. You can find more information on the GOV.UK website about the process.

If the person making the LPA (the donor) loses mental capacity before it's registered, the attorneys can still apply. However, any mistakes on the forms can't be fixed then, and the LPA might not be usable. In such cases, a court application might be needed, which is much more complicated and costly.

The Cost To Register An LPA

There's a fee for registering an LPA. As of now, it's £82 per LPA. If you're on certain benefits, like income support or universal credit, you might be eligible for a reduced fee or even a full exemption. You can usually pay this fee online when you complete the application, or by card when submitting the forms. It's always best to check the latest fees on the official government website, as these things can change.

Key Considerations When Making An LPA

So, you're getting your LPA sorted, which is brilliant. But before you sign on the dotted line, there are a few things to really think about. It’s not just about filling in the forms; it’s about making sure the LPA actually does what you want it to do, when you need it to.

Limitations and Considerations

It’s important to remember that your attorneys can only do what the LPA document allows them to. They have to act in your best interests and keep your wishes in mind. They’re also bound by the rules in the Mental Capacity Act 2005. Think about what might happen if your needs change – for example, if you need more expensive care. You don't want your instructions to accidentally stop your attorneys from being able to pay for it. It’s a good idea to be clear but not so specific that it causes problems later on. For instance, if you want your attorneys to consult each other on big financial decisions, you might want to add an exception for paying care fees, so they can act quickly if needed. This is where getting some legal advice can really help clarify things.

Making An LPA Without A Signature

Generally, you need to sign the LPA forms yourself to show you agree with what’s in them. This is usually done in front of your witnesses and certificate provider. However, there are specific circumstances where someone else might sign on your behalf, but this needs to be done very carefully and usually with court permission. It’s not something to attempt without professional guidance, as it can easily invalidate the document if not done correctly.

Seeking Legal Advice

While you can complete LPA forms yourself, especially if you use online services, it’s often wise to get professional help. The cost of registering an LPA is £82 per document, but this fee can be reduced or waived if you have a low income. If your situation is complex, or you want to include specific instructions or preferences, a solicitor can make sure everything is worded correctly and legally sound. They can also explain the implications of appointing certain people as attorneys and how the LPA will work in practice. It’s a bit like getting a second opinion to make sure you’re making the best choices for your future.

Here’s a quick look at what attorneys can and can't do:

• Can: Make decisions about your health, care, and finances as outlined in the LPA.

• Can: Act in your best interests, considering your known wishes.

• Cannot: Make decisions after you die (that’s what a Will is for).

• Cannot: Ask them to do anything illegal.

• Cannot: Change your Will.

It’s really about setting up a plan so that someone you trust can look after things if you’re unable to. This gives you peace of mind and stops your loved ones from having to deal with complicated legal processes during a difficult time.

When you're thinking about making a Lasting Power of Attorney (LPA), there are a few important things to keep in mind. It's a big decision, so making sure you understand all the steps is key. Thinking about who you'll choose as your trusted person is a really big part of this process. For more guidance and to explore your options, visit our website today!

Wrapping Up: Your LPA Journey

So, that’s the lowdown on making a Lasting Power of Attorney here in the UK. It might seem like a bit of a process, with forms to fill and people to tell, but honestly, it’s worth the effort. You’re basically setting up a safety net, making sure someone you really trust can handle things if you can’t. It’s not just about your money or your health decisions; it’s about giving yourself and your loved ones a bit of peace of mind. Take your time with it, read everything carefully, and don’t be afraid to ask for help if you’re unsure about any part. Getting an LPA sorted means you’re in control, even when you might not feel like you are.

Frequently Asked Questions

What exactly is a Lasting Power of Attorney (LPA)?

Think of an LPA as a special legal paper. It lets you pick trusted people, called attorneys, to make big decisions for you if you can't make them yourself. These decisions can be about your money and property, or about your health and care.

Why is having an LPA so important?

An LPA is super important because it means your wishes will be followed even if you get sick or have an accident. It stops your family from having to go through a long, confusing, and expensive court process to manage your affairs. It's all about making sure someone you trust is looking after things your way.

Who can make an LPA?

To make an LPA, you need to be 18 or older. Most importantly, you must be able to understand what an LPA is and what decisions your attorneys will make when you create it. You don't have to be a UK citizen to make one, though.

How do I choose the right person to be my attorney?

Picking your attorney is a big deal! Choose someone you really trust, who knows you well, and understands what you'd want. It's also a good idea to name more than one, so they can share the responsibility. You can even tell them if they need to agree on everything together or if they can make some decisions separately.

How long does it take to register an LPA and how much does it cost?

Registering your LPA usually takes about 8 to 10 weeks. The current fee is £82, but if you have a low income or get certain benefits, you might pay less. It’s best to get it registered as soon as you’ve filled out the forms so it’s ready when you need it.

What happens if I can't sign the LPA forms?

Don't worry if you can't write your signature! There are ways around this. The guidance explains how you can still make an LPA even if you're unable to sign the forms yourself. It's important to check the specific instructions.