Your Guide to a gov.uk Lasting Power of Attorney

Thinking about a gov.uk lasting power of attorney might seem a bit much, like something for 'later'. But honestly, sorting this out now can save a load of hassle and stress down the line for you and your family. It's basically a way to make sure the right people can make choices for you if you ever can't, whether that's about your money or your health. This guide will walk you through what a gov.uk lasting power of attorney is all about, from getting the forms to picking who helps you out.

Key Takeaways

• A gov.uk lasting power of attorney lets someone you trust make decisions for you if you lose the ability to yourself.

• There are two main types of gov.uk lasting power of attorney: one for money and property, and another for health and care choices.

• You need to have 'mental capacity' to set up a gov.uk lasting power of attorney, meaning you understand the decisions you're making.

• The forms for a gov.uk lasting power of attorney need to be filled out carefully, signed correctly, and then officially registered.

• Choosing your attorney for a gov.uk lasting power of attorney is a big deal; pick someone reliable and trustworthy who will always act in your best interests.

Understanding a gov.uk Lasting Power of Attorney

What is a Power of Attorney?

A Power of Attorney (POA) is a formal legal document that lets you choose someone you trust to make decisions for you. This person is called your 'attorney'. They can step in if you can't make decisions yourself, or if you just want them to handle things for you. It's a way to plan ahead, making sure your affairs are looked after, whether it's for a short time, like if you're in hospital, or for the long haul, if you lose the ability to make your own choices. It's about giving someone the legal authority to act on your behalf.

Setting up a Power of Attorney can provide peace of mind, knowing that your financial and health matters will be managed by someone you've chosen, should you become unable to do so yourself. It removes the burden from your loved ones having to apply to the courts during what could be a difficult time.

What is Mental Capacity?

Mental capacity refers to your ability to make your own decisions. It's not about being 'smart' or 'unsmart', but about understanding information, remembering it, weighing up options, and communicating your decision. It's a key concept when it comes to a Lasting Power of Attorney (LPA) because an LPA for health and care decisions can only be used if you lack mental capacity. For financial decisions, it can be used while you still have capacity, if you choose that option when setting it up.

Here's what's generally considered when assessing mental capacity:

• Can the person understand the information relevant to the decision?

• Can they retain that information for long enough to make the decision?

• Can they use or weigh that information as part of the decision-making process?

• Can they communicate their decision by any means (e.g., speaking, sign language, blinking)?

It's important to remember that having a condition like dementia doesn't automatically mean someone lacks mental capacity. Capacity can fluctuate, and a person might have capacity for some decisions but not others.

Different Types of Power of Attorney

In the UK, there are a few types of Power of Attorney, but the one most people talk about for future planning is the Lasting Power of Attorney (LPA). It's designed to cover situations where you might lose mental capacity. However, it's not the only type. Understanding the differences is important for choosing the right one for your needs.

Here are the main types:

1. Lasting Power of Attorney (LPA): This is the most common type for long-term planning. There are two kinds of LPA:

2. Ordinary Power of Attorney (OPA): This is for financial decisions only and is only valid while you still have mental capacity. It's useful for short-term situations, like if you're going on an extended holiday or are temporarily unwell and need someone to manage your finances for a specific period. It automatically ends if you lose mental capacity.

3. Enduring Power of Attorney (EPA): These were replaced by LPAs in October 2007. If you made an EPA before that date, it's still valid, but you can't create a new one. EPAs only covered financial decisions.

Setting Up Your gov.uk Lasting Power of Attorney

Obtaining the gov.uk LPA Forms

Getting your hands on the right forms is the first step to setting up a Lasting Power of Attorney (LPA) in the UK. You've got a couple of main ways to do this. You can either download them directly from the official government website, GOV.UK, or you can request a paper pack by calling the Office of the Public Guardian (OPG). The GOV.UK website also offers an online service that guides you through the process, which can be really helpful if you're not keen on printing and filling out paper forms. It's important to make sure you're using the most current versions of the forms, as they do get updated sometimes.

Completing the gov.uk LPA Forms

Filling out these forms needs a bit of care and attention. While you can absolutely do it yourself, any mistakes could mean your LPA gets rejected, and you might have to pay another fee to reapply. The OPG has a step-by-step guide on their website, or you can give them a call if you get stuck. Here are some things to keep in mind:

• Read all instructions carefully before you start writing anything.

• Be clear and precise with all information, especially names and addresses.

• If you're unsure about a section, it's better to seek advice than guess.

• Consider using the online service on GOV.UK LPA forms for a more guided experience.

Even though you don't have to use a solicitor, getting professional advice can save you a lot of hassle and potential problems down the line, especially if your financial situation is a bit complicated or you're not confident with legal documents.

Signing and Registering Your gov.uk LPA

Once the forms are filled in, the signing process is really specific and has to be done in a particular order. If you used the online service, you'll need to print everything out for signatures. Here's the sequence:

1. You, as the 'donor' (the person making the LPA), sign first. Your signature needs to be witnessed by someone who isn't an attorney or a family member.

2. Next, the 'certificate provider' signs. This person confirms you understand what you're doing and aren't being pressured. They must be someone you've known for at least two years, or a professional like a doctor or solicitor. They can't be a family member or your attorney.

3. Finally, your chosen attorney(s) sign the form, and their signatures also need to be witnessed.

After all the signatures are in place, you need to register the LPA with the Office of the Public Guardian. Your LPA isn't legally valid until it's registered, and this can take several weeks. You can register it yourself if you still have mental capacity. If you lose capacity before it's registered, your attorney can do it for you.

Costs Associated with a gov.uk Lasting Power of Attorney

Registration Fees for a gov.uk LPA

When you're sorting out a Lasting Power of Attorney (LPA) in the UK, there's a fee you need to pay to get it officially registered with the Office of the Public Guardian (OPG). This isn't a one-off payment for everything; it's per LPA. So, if you're setting up both a Property and Financial Affairs LPA and a Health and Welfare LPA, you'll pay for each one separately. The current fee for registering a single LPA is £82. This fee covers the OPG's administrative costs for processing and maintaining your LPA on their register. It's a pretty standard charge, and it's important to factor it into your budget when you're planning your LPA.

Eligibility for Fee Reductions

Good news for some people: you might not have to pay the full £82. The OPG has a system in place for fee reductions or even exemptions, depending on your financial situation. It's all about making sure LPAs are accessible to everyone, regardless of their income. Here's how it generally works:

• Partial Remission (50% discount): You could get a 50% discount on the registration fee if your gross annual income is less than £12,000. This means you'd pay £41 per LPA instead of £82. They'll ask for proof of your income, so make sure you have that ready.

• Full Exemption (no fee): If you receive certain means-tested benefits, you might not have to pay anything at all. These benefits typically include things like Income Support, Universal Credit (with certain conditions), Pension Credit (guarantee credit), and some others. Again, you'll need to provide evidence of receiving these benefits.

It's really worth checking if you qualify for a reduction or exemption. It can save you a fair bit of money, especially if you're registering two LPAs. Don't just assume you have to pay the full amount; a quick check could make a difference.

To apply for a fee reduction or exemption, you'll need to complete a specific form (LPA120) and send it along with your LPA application. They'll review your circumstances and let you know if you're eligible. You can find more details about LPA registration costs on the gov.uk website.

Professional Fees for a gov.uk LPA

While you can absolutely complete and register a gov.uk LPA yourself, many people choose to get professional help. This is where additional costs can come in. These aren't fees paid to the OPG, but to solicitors or other legal professionals who assist you with the process. Here's a breakdown:

• Solicitor Fees: Solicitors can help you with everything from advising on your choices for attorneys and powers, to drafting the forms, acting as your certificate provider, and even registering the LPA for you. Their fees vary widely depending on the firm, their location, and the complexity of your situation. Some solicitors offer a fixed fee for LPA services, while others charge an hourly rate. It's always a good idea to get quotes from a few different firms before you commit.

• Will Writers/LPA Specialists: There are also non-solicitor professionals who specialise in drafting LPAs. They might be a bit cheaper than a traditional solicitor, but it's important to ensure they are reputable and have appropriate insurance.

• Assistance Services: Organisations like the Alzheimer's Society offer assistance services to help people fill out the forms, which can be a more affordable option if you just need a bit of guidance rather than full legal representation.

Choosing whether to use a professional really depends on your comfort level with legal documents and the complexity of your personal affairs. If your situation is straightforward, doing it yourself can save money. However, if you have complex assets, family dynamics, or just want peace of mind that everything is done correctly, professional advice can be invaluable. Mistakes on LPA forms can lead to rejection and delays, potentially costing you more in the long run if you have to reapply.

Choosing Your Attorney for a gov.uk Lasting Power of Attorney

Who Can Be Your Attorney?

Picking the right person to be your attorney is a big deal. It's not just about who you like, but who you trust completely to make decisions for you if you can't. You could go with someone close, like a family member or a really good friend. Or, you might consider a professional, such as a solicitor. The main thing is that whoever you pick will always act in your best interests. They need to be over 18, and generally, a professional care worker can't be your attorney unless there are very specific, unusual circumstances, like if they're your only relative. Also, if you're appointing someone for financial decisions, they can't be bankrupt. It's a good idea to have a chat with them first, make sure they're comfortable with the responsibility and understand what it all means. It's a pretty important role, after all.

Appointing Multiple Attorneys

You don't have to just pick one attorney; you can have several! Sometimes, having more than one person involved can be a good idea, offering different perspectives and shared responsibility. If you do decide to appoint multiple attorneys, you'll need to decide how they'll make decisions together. There are a couple of ways this can work:

• Jointly: This means every single decision they make on your behalf has to be agreed upon by all of them. If one disagrees, or isn't available, then no decision can be made. This can be a bit slow sometimes, but it ensures everyone is on the same page.

• Jointly and Severally: This is a bit more flexible. It means they can either make decisions together, or they can act on their own. So, if one attorney is away or busy, another can still make a decision without waiting. This can be really handy for day-to-day stuff.

You can even mix and match. For example, you might say they have to act jointly for big decisions, like selling your house, but can act jointly and severally for everything else. You can also name replacement attorneys in case one of your initial choices can't continue in the role, perhaps due to illness or passing away.

Paying Your Attorney for a gov.uk Lasting Power of Attorney

Generally, your attorney isn't paid for their time. They're usually doing it as a favour, out of care for you. However, they can claim back any out-of-pocket expenses they have because of their role. Think things like travel costs, postage, or phone calls. They need to keep good records of these expenses, along with receipts, and they can claim them from your money.

If you choose a professional attorney, like a solicitor, they will charge for their time. This can add up, so it's something to think about carefully when you're making your choice. It's worth getting a clear idea of their fees upfront.

There's a small exception for non-professional attorneys: if you specifically state in the LPA form that they should be paid for their duties, then they can be. But this is quite rare and needs to be clearly written down when you set up the LPA. Otherwise, it's just expenses they can claim.

Attorney Responsibilities Under a gov.uk Lasting Power of Attorney

Becoming an attorney for a Lasting Power of Attorney (LPA) isn't just a title; it comes with some pretty serious duties. You're essentially stepping into someone else's shoes to make important decisions, so understanding what's expected of you is a big deal. It's not something to take lightly, and there are clear guidelines you need to stick to.

Principles for Attorney Decisions

When you're an attorney, your decisions aren't just about what you think is best. There are specific principles, laid out in the Mental Capacity Act 2005, that you absolutely have to follow. It's all about respecting the person's autonomy as much as possible, even if they've lost some capacity.

• Always assume capacity first: You must always start from the position that the person has the mental capacity to make their own decisions. You only step in if it's clearly shown they don't.

• Help them decide: Before you make a decision for them, you have to do everything you can to help them make it themselves. This might mean trying different times of day, using visual aids, or just being patient.

• Least restrictive option: If a decision has to be made for them, you must choose the option that interferes the least with their rights and freedom.

• Consider their past wishes: Any past wishes, feelings, beliefs, or values they expressed when they had capacity should be taken into account.

It's a bit like being a detective, really. You're gathering all the clues about what the person would want, and then using those clues to make the best possible decision for them, not for yourself or anyone else.

Acting in Your Best Interests

This is probably the most important bit: your attorney must always act in your "best interests." This isn't just a vague idea; it's a legal requirement. It means they can't use their position to benefit themselves or anyone else. Their focus has to be entirely on what's good for you.

Here's what that looks like in practise:

• No personal gain: They can't take advantage of their position to get something for themselves. Their interests should never conflict with yours.

• Involve you as much as possible: Even if you lack capacity, they should still try to involve you in decisions as much as they can. Your preferences matter.

• Talk to others: They should chat with family, friends, or carers who know you well. These people can offer insights into your beliefs and values, which helps the attorney make informed choices.

• Respect privacy: Your attorney needs to be mindful of your privacy. Not all information about you should be shared with everyone.

Digital Access to Your gov.uk LPA

In this day and age, things are getting more digital, and that includes your LPA. The government has set up a service that lets you and your attorneys access a digital version of your LPA. This can be super handy for proving its validity to places like banks or utility companies.

Here's how it generally works:

• You get an online account with a secure access code.

• This allows your attorney to show a digital version of the LPA to organisations.

• It helps confirm that the LPA is valid and that your attorney is acting on your behalf.

It's worth noting that this digital service isn't available for all LPAs, specifically those registered before January 1, 2016. For those, you'll still be relying on the paper document. Understanding the types of Power of Attorney is key to knowing how your attorney can operate.

Managing Your gov.uk Lasting Power of Attorney

Making Changes to Your gov.uk LPA

Once your Lasting Power of Attorney (LPA) is officially registered, making changes to it becomes quite tricky. Generally, you can't just amend a registered LPA. If you want to alter something significant, like adding or removing an attorney, or changing the scope of their powers, you'll likely need to cancel the existing LPA and create a brand new one. This means going through the entire application process again, including new forms, signatures, and registration fees. It's a bit of a hassle, but it ensures the document remains legally sound and reflects your current wishes. Always get advice from the Office of the Public Guardian (OPG) before trying to make any alterations, as incorrect steps could invalidate your LPA entirely.

Cancelling Your gov.uk LPA

If you decide you no longer want your Lasting Power of Attorney to be active, you can cancel it, a process known as 'revoking' it. This is only possible if you still have the mental capacity to make such a decision. If you've lost capacity, your LPA cannot be revoked by you. To revoke an LPA, you need to send a formal document called a 'deed of revocation' to the Office of the Public Guardian. This deed must be properly drafted and signed. Once the OPG receives and processes it, your LPA will no longer be valid. It's a good idea to inform your attorneys once you've revoked the LPA to avoid any confusion.

Addressing Concerns About Your Attorney

It's a big deal to trust someone with your affairs, and sometimes, concerns can pop up about how your attorney is handling things. If you're worried about an attorney's actions, or if you suspect they're not acting in your best interests, there are steps you can take. The Office of the Public Guardian (OPG) is the body responsible for supervising attorneys and deputies. They can investigate complaints about an attorney's conduct.

If you have serious concerns, especially if you suspect abuse or neglect, it's important to act quickly. The OPG can look into these matters, and in severe cases, they might even remove an attorney from their role. It's about making sure your wishes are respected and your well-being is protected.

Here's how to raise concerns:

• Contact the Office of the Public Guardian (OPG): They have a dedicated team to handle concerns and complaints about attorneys. You can explain your worries, and they will advise on the next steps. This is the primary route for formal complaints regarding a Lasting Power of Attorney.

• Gather Evidence: If possible, collect any information or evidence that supports your concerns. This could include dates, specific incidents, or financial records. The more detail you can provide, the better the OPG can investigate.

• Seek Legal Advice: For complex situations, or if you feel the OPG's process isn't sufficient, consider getting independent legal advice. A solicitor specialising in elder law or mental capacity can offer guidance and represent your interests.

• Emergency Situations: If you believe you or someone else is in immediate danger due to an attorney's actions, contact the police straight away.

Understanding how to handle your Lasting Power of Attorney from gov.uk can seem tricky. We've made it simple to get the help you need. For clear, easy-to-understand advice and support, visit our website today.

Wrapping Things Up

So, there you have it. Getting a Lasting Power of Attorney sorted might seem like a bit of a chore, but honestly, it's one of those things that just makes sense. It's about making sure your wishes are heard, even if you can't say them yourself later on. Think of it as a bit of peace of mind, not just for you, but for your family too. It means the people you trust can step in and help out without a load of hassle. It's just a smart move for the future, really.

Frequently Asked Questions

Can I change my Lasting Power of Attorney once it's set up?

Generally, once your Lasting Power of Attorney (LPA) is officially recorded, you can't just change parts of it. You might be able to remove an attorney, but you should definitely get advice from the Office of the Public Guardian first. Taking an attorney off could actually stop your whole LPA from working. If you're still able to make your own decisions, you can also cancel your LPA completely.

How does my attorney make decisions that are truly in my best interests?

Your attorney always has to make choices that are in your 'best interests'. This means they must: put your needs first, not their own or anyone else's; try their best to let you share your thoughts and be part of the decision-making; think about what you've wanted or felt in the past, especially if you've written it down; consider your beliefs and values that might affect the decision; chat with people who know you well, like family or friends, to understand what's best for you; always respect your privacy, understanding that not all information about you should be shared; and be aware of any special instructions you've given, like if you've said no to certain medical treatments. Your attorney needs to think about all these things to make a fair decision that truly benefits you.

Can I use a digital version of my Lasting Power of Attorney?

Yes, the government has an online system where you and your attorney can access a digital version of your LPA. You'll get a secure code to log in. This lets places like banks check that your LPA is real and valid. For example, your attorney could use this digital version to prove to your bank or energy company that they are allowed to act for you. Just so you know, this online service isn't available for LPAs that were registered before January 1, 2016.

What should I do if I'm worried about my attorney's actions?

If you're worried that someone is being harmed or neglected, you should get in touch with your local council's safeguarding team. They are responsible for looking into these kinds of worries and taking action if needed. If you think someone is in immediate danger, you must call the police on 999 right away. If you want to talk about your concerns confidentially, you can call the Hourglass helpline. These steps apply if you have concerns about a deputy too.

Do I need a solicitor to set up a Lasting Power of Attorney?

You don't have to hire a solicitor to set up an LPA, but it can help avoid problems later on, especially if you're not sure about the process or if your situation is complicated. It will cost more than doing it yourself, but many people find the peace of mind from professional advice is worth the extra expense. The costs for solicitors can differ a lot, so it's a good idea to call a few different firms for price estimates before you pick one.

How much does it cost to set up a Lasting Power of Attorney?

The Office of the Public Guardian charges a fee to register an LPA, which is £82. If you decide to set up two LPAs at the same time – one for money and property, and another for health and care decisions – you'll need to pay £82 for each, making it £164 in total. However, if your yearly income is low (under £12,000), you might get a 50% discount. And if you receive certain benefits linked to your income, you might not have to pay anything at all.