How to Obtain a Certified Copy of Lasting Power of Attorney in the UK

So, you've got a Lasting Power of Attorney (LPA) in place, which is great. But what happens when you need to give someone a copy? It's not as simple as just photocopying the whole thing. You often need a 'certified copy of lasting power of attorney' to prove it's the real deal. This can feel a bit confusing, so let's break down how to get one, whether you're doing it yourself or getting a bit of help.

Key Takeaways

• You can certify a copy of your LPA yourself by writing a statement on each page and signing and dating it.

• Alternatively, a solicitor or a notary public can certify a copy for you, though this usually comes with a fee.

• If you've lost your original LPA, you can request an official 'office copy' from the Office of the Public Guardian.

• Organisations might ask for proof of your authority, which can be the original LPA, a certified copy, or an online summary.

• Access codes are used to share an online summary of your LPA with organisations, and these codes are valid for 30 days.

Understanding Certified Copies of Lasting Power of Attorney

So, you've got your Lasting Power of Attorney (LPA) sorted, which is a big step. But what happens when you need to show it to someone, and you don't want to hand over the original document? That's where certified copies come in.

What is a Certified Copy of Lasting Power of Attorney?

A certified copy is essentially a photocopy of your original LPA that has been officially verified as a true and accurate representation of the original document. Think of it like a photocopy that someone trustworthy has signed to say, 'Yep, this is exactly what the original looks like.' This means organisations can accept it just as they would the original, which is super handy.

Why You Might Need a Certified Copy

There are a few reasons why you might need one. For starters, you can't just give your original LPA to everyone who asks for it. Banks, building societies, or even care homes might need to see proof that your appointed attorney has the authority to act on your behalf. Having certified copies means you can provide this proof without risking the original document. Plus, if you ever need to register your LPA and the original has gone missing, a certified copy can sometimes be used for that purpose. It's a good idea to have a few copies ready to go, just in case.

When Attorneys Can Act on Your Behalf

It's important to know when your attorneys can actually start using the LPA. For a Health and Welfare LPA, your attorneys can only step in when you've lost the mental capacity to make those decisions yourself. However, for a Property and Financial Affairs LPA, you can give your attorneys permission to act even before you lose capacity, perhaps to help you manage your finances day-to-day. This needs to be clearly stated in the LPA document itself when it's created. Remember, when they act, they must follow the principles laid out in the Mental Capacity Act 2005.

Keeping track of your original LPA is important, but having certified copies makes the process of using it much smoother for your attorneys. It avoids the worry of losing the main document and ensures your wishes can be carried out when needed.

How to Certify Your Own Lasting Power of Attorney

So, you've got your Lasting Power of Attorney (LPA) sorted, which is great. But what happens when you need to give someone a copy, and they need to be sure it's the real deal? This is where certifying a copy comes in. It's basically your way of saying, 'Yep, this is a genuine copy of the original document.' You can do this yourself, as long as you still have the mental capacity to understand what you're doing. It's a pretty straightforward process, but you need to be careful to get it right.

The Certification Statement for Each Page

For every single page of the copy you want to certify, you need to write a specific statement at the bottom. It should read: "I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney." Make sure this is clear and legible on each page. It's a bit tedious, I know, but it's important for the copy to be accepted.

The Final Certification Statement

Once you've gone through every page with that first statement, there's one more bit of text you need to add. This goes on the very last page of the copy. You'll need to write: "I certify this is a true and complete copy of the lasting power of attorney." This confirms the entire document is a faithful reproduction.

Signing and Dating Your Certified Copy

Now for the final step in certifying it yourself. You need to sign and date every single page where you've written the certification statements. This signature and date is what makes the copy official in your eyes. It shows you've personally verified each page and the document as a whole. It’s a good idea to keep the original LPA safe and sound, perhaps with your solicitor, and use certified copies for day-to-day needs. If you're unsure about the process, getting professional help is always an option, and a solicitor can help with certifying your LPA.

It's really important to follow these steps precisely. If you miss a statement or forget to sign a page, the copy might not be accepted by banks or other organisations. They need to be confident that the copy they're looking at is a true reflection of the original document that's been registered with the Office of the Public Guardian.

Here's a quick checklist:

• Write the page certification on every page.

• Write the final certification on the last page.

• Sign and date every page with a certification statement.

Remember, if you're ever unsure or find this process too fiddly, you can always ask a solicitor or a notary public to do it for you, though they will charge a fee for their service.

Alternative Methods for Certifying Your LPA

So, you've got your Lasting Power of Attorney (LPA) sorted, but you need more than just the original document. Maybe you've misplaced a copy, or perhaps you need several certified versions for different organisations. While you can certify copies yourself, there are a couple of professional routes you can take if you'd rather not do it yourself, or if you need that extra layer of official confirmation.

Using a Solicitor to Certify

One of the most common ways to get a certified copy is by taking your original LPA and the copies you need certifying to a solicitor. They're legal professionals, so they're well-equipped to confirm that a copy is a true and accurate representation of the original document. It's a pretty straightforward process. You'll need to bring both the original LPA and the copies you want certified. The solicitor will then compare them and, if everything matches up, they'll add a certification statement, sign it, and date it. This usually involves them writing a statement on each page or on the final page, confirming it's a true copy. It's a good idea to get a quote beforehand, as solicitors' fees can vary quite a bit depending on their hourly rate and how long it takes them.

Engaging a Notary Public

Similar to a solicitor, a notary public can also certify your LPA. Notaries are independent legal professionals who verify and authenticate documents for use internationally, but they can also certify documents for domestic use. The process is much the same: you'll present your original LPA and the copies to the notary. They will then examine them and, if satisfied, will officially stamp and sign the copies, confirming their authenticity. This method can sometimes be seen as having a bit more weight, especially if you anticipate the LPA might be used in situations where international recognition could be a factor down the line, though for most UK-based needs, a solicitor is perfectly adequate. Again, it's wise to check their fees in advance.

Fees Associated with Professional Certification

When you opt for a solicitor or a notary public to certify your LPA, you'll naturally incur a cost. These fees aren't set by the government, so they can differ significantly between legal professionals and even between different regions. Generally, you might expect to pay anywhere from £10 to £50 per document, or sometimes they charge an hourly rate. It's always best practice to get a clear quote before you commit. You can often find this information on their websites or by giving them a quick call. Remember, while there's a cost involved, it offers peace of mind and can save you time and potential hassle, especially if you're unsure about the certification process yourself. It's worth noting that if you're on certain benefits or have a low income, you might be eligible for help with legal costs, so it's worth exploring that option too.

It's important to remember that while these professionals can certify your LPA, they aren't involved in the registration process itself. Their role is purely to verify the accuracy of a copy against the original document you provide.

Obtaining Office Copies of Your LPA

Sometimes, you might need an official copy of your Lasting Power of Attorney (LPA) directly from the Office of the Public Guardian (OPG). This is different from a certified copy you might make yourself or have done by a solicitor. Office copies are essentially duplicates issued by the OPG, and they're often required when the original document is lost or has been damaged beyond repair, or if you simply need an extra official version for specific purposes. These official copies carry the same legal weight as the original registered document.

When to Request Office Copies

You'd typically request an office copy if:

• The original registered LPA has been lost or stolen.

• The original document is damaged and difficult to read or use.

• You need an additional official copy for a particular organisation that insists on seeing one directly from the OPG.

• You're in the process of registering an older Enduring Power of Attorney (EPA) and need a replacement document.

Cost of Office Copies

There's a fee for obtaining office copies from the OPG. It’s important to know these costs upfront:

Document Type	Cost
Lasting Power of Attorney (LPA)	£35
Enduring Power of Attorney (EPA)	£25

These fees are subject to change, so it's always a good idea to check the latest charges on the government's website or by contacting the OPG directly.

How to Contact the Office Copies Team

Getting in touch with the OPG's office copies team is fairly straightforward. You have a couple of options:

• By Phone: You can call them on 0300 456 0300. Their lines are open Monday to Friday, from 9:00 am to 3:30 pm. Just a heads-up, they're usually closed for an hour on Wednesdays between 9:00 am and 10:00 am.

• By Email: You can send your request to opg_office_copy@publicguardian.gov.uk.

Information Required for Your Request

When you contact the OPG, be prepared to provide specific details to help them locate your LPA. This helps speed things up considerably. You'll generally need:

• The full name of the person who made the LPA (the donor).

• The donor's date of birth.

• The LPA's reference number, if you know it. This is really helpful if you have it.

• Your full name.

• Your relationship to the donor or your role as stated on the LPA (e.g., attorney, family member).

• The reason you are requesting the office copy.

Having this information ready will make the process much smoother. If you've lost the original, getting an office copy is a reliable way to ensure you have a legally valid document to hand. It's a good idea to keep the details of your registered LPA safe, perhaps in a secure place or noted down, so you can easily access them if needed. You can find out more about the registration process on the Office of the Public Guardian website.

Remember, an office copy is an official duplicate issued by the OPG. It's not the same as a certified copy you might create yourself. While both can be used to prove authority, an office copy comes directly from the registering body, which can sometimes be preferred or required by certain institutions.

Using Your Lasting Power of Attorney Documents

So, you've got your Lasting Power of Attorney (LPA) sorted. That's a big step! Now, what do you actually do with it? When you need your appointed attorneys to step in, or even just to prove you have the authority, you'll need to show the document. Organisations like banks, building societies, or care providers will want to see proof that your attorneys are legally allowed to act on your behalf.

There are a few ways to do this:

• Show them the original registered LPA: This is the most straightforward way, but it means you have to part with the original document, which might not always be practical.

• Provide a certified copy: This is often the preferred method as it means you can keep the original safe. You can get a certified copy made yourself, or have a solicitor or notary public do it for you.

• Let them view an online summary: If your LPA was registered after 1 January 2016, you can generate a unique access code. This code allows organisations to view a summary of your LPA online for 30 days. It's a quick way to prove authority without handing over physical documents. You can find out more about this on the gov.uk website.

Organisations might also ask for other details to confirm identity, so it's always best to check what they need beforehand. This could include your name, address, date of birth, or specific account numbers.

Proving Your Authority to Organisations

When you approach a bank, for instance, to manage an account, they'll need to be sure you're the person named as an attorney. You can't just walk in and say, "I'm in charge now." They'll typically ask to see the LPA. If you're using a certified copy, make sure it's clearly marked as such. If you're using the online summary, you'll need to provide the access code. It’s a good idea to have a list of who you’ve shared the LPA with and when, just in case any questions pop up later. Remember, your attorneys are bound by the principles of the Mental Capacity Act 2005 when they act for you.

Sharing an Online Summary of Your LPA

Using the online service to share your LPA details is pretty handy. Once your LPA is registered, you can sign in to your online account and generate an access code. This code is specific to each organisation you want to share it with and is valid for 30 days. The summary shows key details like whether the LPA is still valid, who the donor and attorneys are, and any specific instructions or restrictions. It’s a secure way to give organisations the information they need without them holding onto your original documents.

Understanding LPA Access Codes

These access codes are like a temporary key. Each one is 13 characters long and starts with a 'V'. You generate them from your online account for each organisation you need to grant access to. It’s really important to give the correct code, as the wrong one means they won't be able to verify the decisions your attorneys are making.

It's worth noting that while the online summary is convenient, some organisations might still prefer to see a physical copy, either the original or a certified version. Always check their specific requirements first to avoid any delays or confusion when your attorneys need to act.

If you've lost your original LPA, you can request an office copy from the Office of the Public Guardian. This costs £35 for an LPA. You can contact them by phone on 0300 456 0300 or email them at opg_office_copy@publicguardian.gov.uk. Make sure to provide the donor's full name and date of birth, and your role in relation to the LPA. This service helps ensure you always have the necessary documentation.

Important Considerations for Your LPA

So, you've got your Lasting Power of Attorney (LPA) sorted, which is brilliant. But there are a few things to keep in mind to make sure it works smoothly when you need it to. It's not just a case of 'set it and forget it', you know.

Keeping Your LPA Details Updated

Life happens, and sometimes your details change. If your name or address changes after you've registered your LPA, it's really important to let the Office of the Public Guardian (OPG) know. You don't change the LPA document itself, as that would invalidate it. Instead, you inform them of the change, and they'll update their records. This is vital because if your attorneys need to use the LPA, especially if they're using the online service, having the correct details on file makes everything much easier. You can find out more about the process of creating an LPA on the GOV.UK website.

The Role of the Mental Capacity Act 2005

It's worth remembering that your attorneys have to act in line with the Mental Capacity Act 2005. This Act basically sets out the rules for making decisions for people who can't make them for themselves. It means your attorneys must always act in your best interests, help you make your own decisions if possible, and not do anything that goes against your known wishes. They can't just do whatever they fancy; there are legal principles they must follow.

Finding Out if Someone Has a Registered LPA

Sometimes you might need to check if an LPA is registered. This can be tricky, as there isn't a public register you can just browse freely for privacy reasons. However, if you're an attorney or someone involved in the donor's affairs, you can contact the OPG. They can confirm if an LPA is registered and provide details, but they'll need specific information from you to do so. It's not something you can just look up casually.

It's a good idea to keep a note of where you've stored your original LPA and any certified copies. Letting your attorneys know where these important documents are kept can save a lot of stress if they're needed urgently.

When thinking about your Lasting Power of Attorney (LPA), there are a few key things to keep in mind. It's important to make sure you understand all the steps involved to ensure your wishes are properly looked after. For more detailed guidance and to explore your options, visit our website today.

Wrapping Up

So, there you have it. Getting a certified copy of your Lasting Power of Attorney might seem a bit fiddly at first, but it's really not too bad once you know how. Whether you do it yourself or get a solicitor involved, the main thing is that your attorneys have the right paperwork to act on your behalf when needed. It’s all about making sure your wishes are followed and your affairs are in order, giving you and your loved ones peace of mind. Don't put it off – getting this sorted now can save a lot of hassle down the line.

Frequently Asked Questions

What is a certified copy of a Lasting Power of Attorney (LPA)?

A certified copy is basically a photocopy of your original LPA that has been officially confirmed as a true and accurate copy. This is important because organisations often need to see proof that the copy you're showing them is a real duplicate of the original document. It's like getting a stamp of approval to show it's the genuine article.

Can I certify my own LPA document?

Yes, you can! If you're still able to make your own decisions, you can certify a copy yourself. You'll need to write a statement on each page saying it's a true copy, and then sign and date every page, including a final statement on the last page. It’s a straightforward process but needs to be done carefully.

What if I can't certify my own LPA?

No worries if you can't do it yourself. You can ask a solicitor or a notary public to certify the copy for you. They are legal professionals who can officially confirm that the copy is accurate. Just be aware that they will usually charge a fee for this service.

How do I get an official copy (office copy) of my LPA?

If you need an official copy, you can request one from the Office of the Public Guardian. You'll need to provide some details like the donor's name and date of birth, and the reference number if you have it. There's a fee for office copies, and you can usually contact them by phone or email to make a request.

When can my attorneys start using the LPA?

It depends on the type of LPA. For a Health and Welfare LPA, your attorneys can only act when you've lost the mental ability to make those decisions yourself. However, for a Property and Finance LPA, your attorneys can start helping with decisions even before you lose capacity, but only if you specifically agreed to this when setting up the LPA.

How can I prove my authority as an attorney to organisations?

When you need to act on behalf of someone, organisations might ask for proof. You can show them the original registered LPA, a certified copy, or if the LPA was registered after January 2016, you can often share an online summary using a special access code. Always check with the organisation what they need.