How to Register Lasting Power of Attorney Online: A Step-by-Step Guide

Planning for the future is a smart move, and setting up a Lasting Power of Attorney (LPA) is a big part of that. It lets you choose someone you trust to make decisions for you if you can't. While it might sound complicated, you can actually register lasting power of attorney online, which can make the process smoother. This guide will walk you through the steps to get it sorted.

Key Takeaways

• You can create and register a Lasting Power of Attorney (LPA) online, or by using paper forms.

• An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.

• You, the donor, or one of your attorneys can apply to register the LPA.

• The registration process involves checking the LPA for errors and allowing time for objections.

• It's best to register your LPA as soon as it's signed to catch any mistakes early.

Understanding Lasting Power Of Attorney

Setting up a Lasting Power of Attorney (LPA) might sound a bit formal, but it’s really just a way to make sure someone you trust can look after your affairs if you’re ever unable to do so yourself. Think of it as a safety net for your future, giving you peace of mind that your wishes will be followed.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, or LPA, is a legal document that lets you appoint one or more people, known as attorneys, to make decisions on your behalf. These decisions can cover your financial matters, your property, or your health and welfare. It’s a way to plan ahead, ensuring that someone you’ve chosen can step in if you lose the mental capacity to make these decisions yourself. Without an LPA, if you were to become incapacitated, someone would have to apply to the court to manage your affairs, which can be a lengthy and costly process. Having an LPA in place means your chosen person can act without these delays, following your specific instructions. It’s a practical tool that benefits not just you, but also your loved ones, by providing clear guidance during difficult times.

Types of Lasting Power of Attorney

There are two main types of LPA you can set up:

• Property and Financial Affairs LPA: This type allows your attorney to manage your finances, pay bills, sell property, and deal with your bank accounts. You can choose for this to be used as soon as it’s set up, or only when you lose mental capacity.

• Health and Welfare LPA: This covers decisions about your medical care, daily routines, and where you live. This type of LPA can only be used once you’ve lost mental capacity.

You can choose to make one type of LPA, or both, depending on your needs. It’s also possible to appoint different attorneys for each type if you wish.

Mental Capacity and Your LPA

Mental capacity is a key concept when it comes to LPAs. You must have the mental capacity to understand what an LPA is and what you are agreeing to when you set one up. This means you need to be able to:

• Understand the information relevant to the decision.

• Retain that information for a reasonable time.

• Use or weigh that information as part of a process of making a decision.

• Communicate your decision in any way, whether by talking, using gestures or any other means.

If you’re unsure about your mental capacity, it’s a good idea to speak with a medical professional or a legal advisor. Your attorneys are legally bound to act in your best interests, following your wishes and values as much as possible, even if they differ from their own. They must do everything they can to help you make decisions yourself, and if they can’t, they should consult with people close to you to understand your preferences. This ensures that your autonomy is respected throughout the process. You can find more information about mental capacity on the government website.

Making Your Lasting Power Of Attorney Online

Making your Lasting Power of Attorney (LPA) online is a straightforward process, designed to be accessible and user-friendly. It allows you to appoint trusted individuals, known as attorneys, to make decisions on your behalf regarding your property and financial affairs, or your health and welfare. The online service guides you through each step, making sure you understand what you're doing and that all the necessary information is captured correctly. It’s important to remember that you must have the mental capacity to make an LPA at the time you create it.

Creating Your LPA Account

To begin, you’ll need to create an account on the official government service. This usually involves providing some basic personal details and setting up a secure password. Once your account is created, you can start filling out the LPA forms. If you’ve started an LPA before, you can simply sign back in to continue where you left off. The system is designed to help you at every stage, offering guidance and explanations as you go.

Completing Your LPA Forms Online

The online forms are broken down into sections, covering everything from choosing your attorneys to specifying the types of decisions they can make. You’ll be asked to provide details about yourself (the donor), your chosen attorneys, and a certificate provider. The service will prompt you to consider important aspects, such as when you want your LPA to become effective – either immediately upon registration or only when you lose mental capacity. It’s a good idea to have the details of your attorneys and certificate provider ready before you start, as you’ll need their full names, addresses, and dates of birth. You can find more information on how to make an LPA on the government website.

Saving and Reviewing Your LPA

One of the benefits of the online service is the ability to save your progress at any point. This means you don’t have to complete the entire LPA in one sitting. You can take breaks and come back to it later. Before you finalise anything, the system allows you to review all the information you’ve entered. This is a critical step to catch any potential errors or omissions. You can go back and edit sections as needed, ensuring accuracy before you proceed to the signing stage. It typically takes between 8 to 10 weeks for an LPA to be processed if there are no mistakes, and using the online service can often speed this up.

Key Roles in Your Lasting Power Of Attorney

Choosing the right people to act on your behalf is a really big part of setting up a Lasting Power of Attorney (LPA). These individuals, known as your attorneys, will have the authority to make decisions for you if you can't. It's not a decision to rush into, so let's break down who these key players are and what you need to consider.

Choosing Your Attorneys

When you're picking your attorneys, think about who you trust implicitly to act in your best interests. It's not just about picking someone you like; it's about picking someone who understands you and your wishes. Ideally, they should be organised, reliable, and have the time to dedicate to the role. You can appoint more than one attorney, but if you do, you'll need to decide if they can act independently or if they must make decisions together. Having them act jointly can sometimes lead to disagreements or delays, so it's worth considering how they'll work as a team.

• Reliability: Have they shown they can be counted on in the past?

• Understanding: Do they grasp what the role involves and your personal wishes?

• Availability: Do they live nearby or can they be easily contacted when needed?

It's important to remember that your attorneys don't have to be legal professionals. Many people choose close family members or trusted friends. The most important thing is that they are people you have faith in to manage your affairs responsibly and according to your wishes.

The Role of the Certificate Provider

The certificate provider is a bit like a witness to your decision-making process. They confirm that you understand what you're signing and that you haven't been pressured into making the LPA. This person needs to be someone who knows you well but isn't one of your chosen attorneys or a relative living with you. They play a vital role in making sure the LPA is valid and that your intentions are clear.

Witnessing Signatures

Once everything is filled out, signatures are needed from you, your attorneys, and the certificate provider. The order in which these signatures happen is important to make sure the LPA is legally sound. Your attorneys need to sign after you and the certificate provider have signed their respective sections. It’s best if everyone signs around the same time to avoid any confusion or delays down the line.

Signing and Finalising Your Lasting Power Of Attorney

Right then, you've filled out all the forms online, which is a big step. Now comes the bit where everyone actually puts pen to paper, or rather, signs the digital document. It’s really important to get this bit right, otherwise, the whole thing might not be valid. So, let's break down how it all works.

The Correct Signing Order

This is probably the most critical part of finalising your LPA. If the signatures aren't in the right sequence, the Office of the Public Guardian (OPG) won't be able to register it, and your attorneys won't be able to act. It’s a bit like a domino run – one wrong move and the whole thing topples.

Here’s the order everyone needs to follow:

1. You (the Donor): You have to sign first. This is you making the legal agreement with your attorneys. You're agreeing to everything that's been written in the form up to this point, especially Section 8, which covers your legal rights and responsibilities.

2. Certificate Provider: This person needs to sign after you, but before the attorneys. They're confirming that you understand what you're doing and that no one's pressuring you.

3. Attorneys: Your chosen attorneys sign next. They're also agreeing to the terms laid out in the LPA.

It’s best if everyone signs on the same day if possible, but the order is the main thing.

Attorneys' and Certificate Provider's Signatures

When your attorneys sign, they're legally binding themselves to the LPA. They must have read Section 8, which explains their duties and responsibilities. They then sign Section 11, and this needs to be witnessed by someone impartial. Interestingly, your attorneys can witness each other's signatures, but you, as the donor, cannot be a witness.

The certificate provider has a similar role. They must read Sections 8 and 10 before signing Section 10. This section is where they formally certify that you understand the LPA and haven't been coerced. They can also act as a witness for both you and your attorneys.

Remember, once you've signed your LPA, you can't go back and change it. If you need to make alterations, you'll have to start the whole process again and create a new LPA.

What If You Cannot Sign?

Life happens, and sometimes people can't physically sign the document. If you're the donor and you're unable to sign or make a mark, someone else can sign on your behalf. This is done using a specific continuation sheet (Continuation Sheet 3). You must be present when this happens and tell the person to sign. Crucially, this signature must be witnessed by two people. These witnesses can't be under 18, your attorneys, or replacement attorneys. If it's a Health and Welfare LPA, the person signing for you also needs to sign Section 5 regarding life-sustaining treatment.

Registering Your Lasting Power Of Attorney

Once all the signatures are in place, the next big step is getting your Lasting Power of Attorney (LPA) officially registered. Without this, your attorneys can't actually use the document to make decisions for you. It's a bit like having a key but not being able to put it in the lock yet.

Why Registration is Essential

Think of registration as the final stamp of approval that makes your LPA legally valid. The Office of the Public Guardian (OPG) handles this. They check everything over to make sure it's all correct and that everyone who needed to be informed has been. This process is what gives your attorneys the authority to act on your behalf.

Who Can Apply for Registration?

Generally, either you, the person making the LPA (the donor), or one of your appointed attorneys can start the registration process. If you've appointed attorneys to act together in specific ways, you might all need to apply jointly. It really depends on how you set up the LPA in the first place, so double-check section 3 of your LPA form to be sure.

The Registration Process and Timeline

Applying to register involves sending the signed LPA forms to the OPG. You'll also need to inform anyone you named as a 'person to notify' using a specific form (LP3). This gives them a chance to raise any objections if they have concerns. After the OPG receives everything, there's a statutory waiting period, usually around four weeks, to allow for any objections. If there are no issues, the OPG will then register the LPA and send the official, stamped document back to you. The whole process, if everything goes smoothly, typically takes about 8 to 10 weeks, though it can be quicker if you use the online service and there are no mistakes.

Navigating the Registration Application

Once your Lasting Power of Attorney (LPA) forms are all signed and witnessed correctly, the next big step is getting it registered with the Office of the Public Guardian (OPG). This is where you actually make the LPA legally usable. It might seem a bit daunting, but breaking it down makes it much more manageable. The OPG needs to check everything is in order before they can officially register it.

Identifying the Applicant

First off, you need to clearly state who is actually applying to register the LPA. This is usually either you, the donor, or one or more of your attorneys. You'll find a specific section on the application form for this. If attorneys are applying, they'll need to provide their names and dates of birth. If attorneys are appointed to act jointly, they generally all need to apply together, unless the LPA specifies otherwise. It’s important to get this right, as it affects how the OPG processes your application.

Notifying Relevant Parties

This is a really important part of the process. If you named 'people to notify' in your LPA (this is optional, but common), you must inform them that you intend to register the LPA. You do this by sending them a specific form, usually Form LP3. Each person you've named needs their own copy of this form. The form itself has sections for the donor's details and information about the attorneys. You'll fill out the donor's details and then tick boxes to confirm who is applying and what type of LPA it is. You also need to include the date the donor signed the LPA and details of the attorneys. If you're registering two LPAs (one for property and finance, and one for health and welfare) and the same people are named to notify on both, you still have to send them the notification form twice, once for each LPA. This notification period gives these individuals a chance to raise any concerns they might have.

Handling Objections to Registration

After you've notified the relevant parties, there's a legal waiting period, usually around four weeks, before the OPG can register the LPA. This time is set aside to allow anyone who has been notified to raise an objection if they have serious concerns about the LPA. Objections usually need to be based on specific reasons, like believing the donor didn't have mental capacity when they made the LPA, or that there was undue pressure involved. If an objection is raised, the OPG will investigate. They might contact you for more information or clarification. If the objections are valid and cannot be resolved, the OPG may refuse to register the LPA. In such cases, you might need to go to the Court of Protection to sort things out, which can be a much longer and more expensive route than simply registering the LPA. It's why getting the LPA right from the start, and ensuring everyone involved understands the process, is so important. You can find out more about the role of the OPG at the Office of the Public Guardian.

Fees and Payment for Registration

Sorting out the fees for registering your Lasting Power of Attorney (LPA) is a necessary step, and it's good to get a clear picture of what's involved. The Office of the Public Guardian (OPG) needs to receive the fee before they can register your LPA, so it's definitely something to sort out promptly.

Understanding Application Fees

The standard fee for registering an LPA is currently £82. However, this fee can change, so it's always a good idea to check the most up-to-date information on the official government website or by giving them a call. Paying this fee is what allows the OPG to process and approve your LPA.

Payment Methods for Your LPA

If you've used the online 'Make an LPA' service, paying is usually straightforward and can be done online, which is generally the quickest method. If you're not using the online service, you'll have options to pay by cheque or card. If you opt for card payment, the OPG will contact you to arrange payment, often via a text message with a link to their online payment portal if you provide a mobile number. For cheque payments, make sure it's payable to the 'Office of the Public Guardian' and write the donor's name on the back.

Reduced Fees and Repeat Applications

There are provisions for reduced fees if the person making the LPA (the donor) has a low income. To apply for this, you'll need to complete form LPA120 and provide evidence of the donor's financial situation. It's important to get this right, as mistakes can lead to delays or refusal. Evidence needs to cover the period around the application date, and bank statements alone aren't usually sufficient proof of income. If your LPA was returned because of an error, you might be able to reapply within three months with a reduced fee, provided you include your original case number. You can find more details about the LPA registration fee at gov.uk/power-of-attorney/register.

It's worth noting that if you delay registering your LPA after it's signed, and the donor subsequently loses mental capacity, any errors in the document cannot be corrected. This could mean the LPA can't be used, and you might have to go through a more complex and costly process like applying for a deputyship through the Court of Protection.

Understanding how much things cost is important. We've made it simple to see our charges for registration. If you have any questions about our fees or how to pay, please visit our website for all the details. We're here to help make the process clear and easy for you.

Wrapping Up Your LPA Journey

So, you've gone through the steps to get your Lasting Power of Attorney sorted online. It might have seemed a bit much at first, with all the signing and registering, but getting it done means you've put a solid plan in place. Remember, the LPA isn't much use until it's registered with the Office of the Public Guardian, so make sure that's the next step. It can take a few weeks, but it's worth the wait to know everything's official and ready to go if you ever need it. Planning ahead like this really gives you peace of mind, doesn't it?

Frequently Asked Questions

What exactly is a Lasting Power of Attorney?

An LPA is a special document that lets you pick trusted people, called attorneys, to make decisions about your money, property, or health if you can't do it yourself anymore. Think of it as a plan for the future to make sure your wishes are followed.

What are the different kinds of LPAs?

There are two main types. One deals with your money and property, like paying bills or selling your house. The other is for your health and care, covering things like medical treatment or where you live. You can choose one or both.

Why is registering my LPA so important?

You need to register your LPA with the Office of the Public Guardian (OPG). Without this registration, your attorneys can't legally make any decisions for you. It's a vital step to make sure your LPA is valid.

Who needs to sign the LPA forms?

The people you choose as attorneys must sign the LPA forms. You also need a 'certificate provider' to confirm you're making the LPA willingly and understand it. Finally, witnesses need to watch everyone sign. They all have to sign the original document.

How long does it take to register an LPA?

The registration process usually takes about 8 to 10 weeks, especially if you fill out and pay for it online. However, this can be longer if there are any mistakes or if someone objects to the registration.

Is there a cost to register an LPA?

Yes, there's a fee to register an LPA. The amount can vary, and if you have a low income, you might be able to pay a reduced fee. You can find the latest fee information on the government's website or by calling them.