Your Guide to Lasting Power of Attorney on GOV.UK

Thinking about the future is a good idea, and a lasting power of attorney (LPA) is a way to plan ahead. It lets you choose someone you trust to make decisions for you if you can't make them yourself. This guide will walk you through what you need to know about setting one up, using the GOV.UK service, and what happens next. It’s all about making sure your wishes are followed, whatever life throws your way.

Key Takeaways

• A lasting power of attorney (LPA) is a legal document allowing you to appoint trusted individuals (attorneys) to make decisions about your property, finances, or health and welfare if you lose mental capacity.

• You can choose between a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, depending on your needs.

• Making an LPA involves choosing your attorneys, completing specific forms, having a certificate provider confirm your understanding, and ensuring all signatures are witnessed correctly.

• Before any LPA can be used, it must be registered with the Office of the Public Guardian (OPG), a process that can take several weeks and involves a fee, though reductions may be available.

• The GOV.UK digital service offers a way to create and print your LPA forms, making the process more straightforward, and allows you to track the registration progress online.

Understanding Lasting Power Of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, or LPA, is basically a legal document that lets you pick people you trust to make decisions for you. Think of it as a way to plan ahead, so if you ever can't make decisions for yourself because of an accident or illness, someone you've chosen can step in. It's a way to keep some control over your future, even when you might not be able to manage things directly. You can find out more about how to make and register an LPA on GOV.UK.

Key Roles in an LPA

When you set up an LPA, there are a few key people involved:

• The Donor: This is you, the person making the LPA.

• The Attorney: These are the trusted individuals you appoint to make decisions on your behalf. You can name more than one attorney.

• The Certificate Provider: This person confirms that you understand what the LPA means and that you're not being pressured into signing it. They need to know you well or be a professional, like a doctor or solicitor.

• The Witness: Signatures on the LPA forms need to be witnessed to be valid.

Mental Capacity Explained

Mental capacity simply means having the ability to make a decision at a particular time. It's not about whether you can make all decisions, but whether you can understand the specific decision you need to make, why you need to make it, and what the likely outcomes are. Sometimes people might have capacity for some decisions but not others. An LPA is particularly important for situations where someone might lose this capacity.

It's important to remember that you must have mental capacity when you create an LPA. If you're unsure about what this means for you, it's always a good idea to seek advice.

There are two main types of LPA: one for Property and Financial Affairs, and another for Health and Welfare. You can choose to make just one, or both, depending on your needs. The LPA must be registered with the Office of the Public Guardian before it can be used.

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 dive in, you need to figure out which type, or types, of LPA is best for your situation. It's not a one-size-fits-all deal, and picking the right one means your wishes will be followed exactly as you intend.

Property and Financial Affairs LPA

This type of LPA is all about your money and your stuff. Think of it as giving someone the keys to manage your financial life if you can't. This could involve anything from paying your bills and managing your bank accounts to buying or selling property. You don't need to be loaded or own a house to make this kind of LPA; even just finding it tricky to keep on top of your finances is a good reason to consider it. You get to decide when this LPA can be used – either straight away once it's registered, or only when you've lost the mental capacity to make decisions yourself. It's a good idea to think about who you'd trust with these important matters. You can even make separate LPAs for your personal finances and your business affairs if you want different people to handle each side.

Health and Welfare LPA

Now, this one is about your personal care and medical treatment. It covers decisions like where you live, what sort of care you receive, and even what you eat day-to-day. It also covers more serious decisions, like whether to give or refuse consent for medical treatments. Importantly, this LPA can only be used when you no longer have the mental capacity to make these decisions yourself. It's a way to make sure that even if you can't speak for yourself, your preferences regarding your health and well-being are respected. You can even specify who should make the final call on life-sustaining treatment if you're unable to.

Making One or Both Types of LPA

You're not limited to just one type of LPA. Many people choose to set up both a Property and Financial Affairs LPA and a Health and Welfare LPA. This gives you a complete safety net, ensuring that both your financial and personal care matters are covered. You can appoint the same people as attorneys for both, or you can choose different individuals for each type of LPA, depending on who you feel is best suited for each role. Remember, these don't have to be set up at the same time, so you can do them separately if that's easier. It's all about making sure your future is planned out according to your wishes, giving you peace of mind. You can find out more about what an LPA is on the GOV.UK website.

It's really important to have a good chat with the people you want to appoint as your attorneys before you name them. Make sure they understand what you're asking them to do and that you trust them completely to act in your best interests.

Making Your Lasting Power Of Attorney

So, you've decided to get a Lasting Power of Attorney (LPA) sorted. That's a big step towards making sure your wishes are followed, even if you can't make decisions yourself later on. But how do you actually go about making one? It's not as complicated as it might sound, but you do need to get the details right.

Completing the LPA Forms

First off, you need the correct forms. You can get these from the GOV.UK website or order them over the phone. There's also the option to use the online service, which many people find easier. Whichever way you go, you'll need to fill in details about yourself (the donor), the people you're appointing as your attorneys, and what decisions they can make for you. It's really important to fill these out accurately, as mistakes can cause delays or even mean the LPA can't be registered. You can't tell your attorneys to do anything illegal, and you shouldn't mix instructions between the two types of LPA – for example, don't put health and welfare notes on a property form.

The Role of the Certificate Provider

This is a key person in the process. The certificate provider is someone who confirms that you understand what you're signing and that you're not being pressured into it. They need to be someone who knows you well, or a professional like a doctor or solicitor. Importantly, they can't be your attorney, or a family member of your attorney, or married to or living with your attorney. They also can't be a business partner or employee of your attorney. It's their job to make sure you're making the decision freely.

Witnessing Signatures Correctly

This is where a lot of people get tripped up. The forms need to be signed in a specific order. You, the donor, sign first, and your signature needs to be witnessed. Then, your certificate provider signs. Finally, your attorney(s) sign. Each signature needs to be witnessed properly. If the forms aren't signed in the right sequence, the Office of the Public Guardian won't be able to register it. It's a bit like a chain reaction – if one link is broken, the whole thing fails. You can download a preview of the LPA to check everything before you print the final version for signing. Once signed, you or one of your attorneys will need to send it off for registration with the Office of the Public Guardian.

It's really worth taking your time with this part. Double-checking all the names, addresses, and signatures, and making sure everyone signs in the correct order, will save you a lot of hassle down the line. Think of it as laying a solid foundation for your LPA.

Registering Your Lasting Power Of Attorney

The Registration Process with the OPG

Once you've filled out all the forms and everyone has signed them in the right order, the next big step is getting your Lasting Power of Attorney (LPA) registered with the Office of the Public Guardian (OPG). You can't actually use the LPA until this is done, so it's pretty important. Either you, as the person making the LPA (the donor), or one of your attorneys can start this process. If you've appointed attorneys to act together, they'll usually need to apply as a group, unless the LPA says otherwise. The OPG checks everything to make sure it's all legally sound and that people have had a chance to raise any concerns.

How Long Registration Takes

Getting your LPA registered isn't usually a super quick process. It can take several weeks from when you send everything off. The exact time can vary depending on how busy the OPG is and whether there are any issues with the forms. It's a good idea to factor this waiting time into your plans.

Tracking Your LPA's Progress

If you're wondering how your registration is coming along, you can usually track its progress. The OPG provides ways to check the status of your application, which can offer some peace of mind while you wait. You'll need to have your reference details handy for this. It's worth checking the GOV.UK website for the most up-to-date information on how to do this, as the system can change.

Remember, the LPA is only legally usable once it has been officially registered. Don't make any decisions or arrangements based on it before you receive confirmation that the registration is complete.

Using the GOV.UK Digital Service

GOV.UK offers a digital service that can help you create your Lasting Power of Attorney (LPA). It's designed to make the process a bit more straightforward, especially if you're doing it yourself. You can fill in the details online, and the system will generate the LPA documents for you to print. It's not a fully online process, mind you, as the law still requires physical signatures on paper documents. You can save your progress as you go, so there's no pressure to finish it all in one sitting.

Benefits of the Online Service

The main advantage of using the digital service is convenience. It guides you through the questions needed to complete the LPA, reducing the chance of errors. Plus, you can access your saved draft anytime. It's a good way to get the paperwork sorted before you need to get it signed and sent off for registration.

Creating and Printing Your LPA

When you use the online service, you'll answer a series of questions about yourself, your chosen attorneys, and how you want the LPA to work. The system then compiles this information into the official LPA forms. Once you've completed the online part, you'll need to print these forms. Remember, everyone involved, including yourself, the attorneys, and the certificate provider, will need to sign the correct sections. It's really important to get these signatures in the right order and in the right places.

Accessing Your Registered LPA Online

For LPAs registered on or after 17 July 2020, there's a handy online service to share your LPA. Once registered, you'll get a reference number and an activation key. You can use these to create an account and add your LPA. From there, you can generate a unique access code to share with organisations that need to see your LPA, like banks or care homes. They can then use this code to view your LPA details online, which can speed things up considerably. It's a modern way to prove your LPA is valid without always needing to send physical copies. However, some organisations might still ask for the original paper document, especially if there are specific instructions or preferences noted on it, so it's always good to check with them first. You can find out more about how to use a lasting power of attorney on GOV.UK.

Costs and Professional Advice

Setting up a Lasting Power of Attorney (LPA) does involve some costs, mainly the registration fee. It's also worth thinking about whether you'll need professional help.

The Fee for Registering an LPA

The Office of the Public Guardian (OPG) charges a fee to register each LPA. This fee covers the work involved in processing your application and ensuring it's legally sound. Currently, the standard registration fee for one LPA is £82. If you're making both a Property and Financial Affairs LPA and a Health and Welfare LPA, and you register them separately, that would be two separate fees.

Eligibility for Fee Reductions

Good news if you're on a low income or receiving certain benefits – you might be eligible for a reduction or even a full waiver of the registration fee. You'll need to provide proof of your financial situation when you apply for the reduction. It's definitely worth checking if you qualify, as it can make a significant difference.

When to Consider Professional Legal Advice

While you can complete the LPA forms yourself using the GOV.UK service, sometimes getting professional help is a good idea. This is especially true if your financial affairs are complex, or if you have specific wishes that might be tricky to put into the forms.

• Complex Situations: If you own multiple properties, have significant investments, or run a business, a solicitor can help ensure everything is covered correctly.

• Unusual Wishes: If you want to include specific instructions or preferences that go beyond the standard options, legal advice can prevent mistakes.

• Family Dynamics: If there are potential disagreements among family members or you want to appoint someone outside the family, a solicitor can offer impartial guidance.

Solicitors and other legal professionals will charge for their time. It's a good idea to get a clear quote upfront so you know the total cost. Remember, your attorneys can claim reasonable expenses for things like travel, but they generally can't claim for their time unless they are professional attorneys and you've specified this in the LPA.

Making sure your LPA is set up correctly from the start can save a lot of hassle and potential problems down the line. While doing it yourself is an option, weighing up the cost of professional advice against the peace of mind it can bring is a sensible step.

If you're unsure, you can always seek initial advice from a legal professional to discuss your circumstances before deciding whether to proceed yourself or with their assistance. You can find out more about the OPG registration fee on the GOV.UK website.

When Your LPA Can Be Used

So, you've gone through the process, got your Lasting Power of Attorney (LPA) all sorted and registered with the Office of the Public Guardian. That's a big step! But when exactly can your chosen attorneys actually start using it? It's not always a simple 'yes' or 'no' answer, as it depends on the type of LPA you've made and the choices you specified.

Using a Health and Welfare LPA

This type of LPA is specifically for decisions about your health, medical care, and general welfare, like where you live or what care you receive. The key thing to remember here is that your attorneys can only use this LPA once you've lost the mental capacity to make these decisions yourself. This means that even with support, you're unable to understand, remember, weigh up, or communicate your decision. It's not about whether you want to make the decision, but whether you can.

Using a Property and Financial Affairs LPA

This is a bit different. With an LPA for your property and finances, you actually get to choose when your attorneys can start acting. You'll have made this decision when you filled out the forms.

Here are the options you would have chosen:

• As soon as it's registered: This means your attorneys can start making decisions about your finances and property straight away, even if you still have full mental capacity. This can be useful if you want help managing your affairs or if you're going to be away for a long time.

• Only when you've lost mental capacity: Similar to the health and welfare LPA, your attorneys can only step in if you're no longer able to make these decisions yourself.

Deciding When Attorneys Can Act

It's really important that you've had a good chat with your attorneys about your wishes before you make the LPA. They need to know what you expect and when you'd want them to step in. If you've chosen the 'as soon as it's registered' option for your property and financial affairs LPA, your attorneys should still only act in your best interests and follow any specific instructions or preferences you've included in the document. They can't just start spending your money however they like; it's all about acting for you and in your best interests.

Remember, even if your LPA is registered, your attorneys must always act in your best interests. They can't just do whatever they please. It's a serious responsibility, and they need to be mindful of your wishes and well-being at all times.

Your Lasting Power of Attorney (LPA) is a really important document that lets someone you trust make decisions for you if you can't. It can be used when you've decided it's time, or if a medical professional says you're no longer able to make your own choices. Want to know more about how it works? Visit our website today to get all the details.

Wrapping Up

So, that's the lowdown on Lasting Power of Attorney. It might seem a bit fiddly to get the forms right and get them registered, but honestly, it's worth the effort. Having an LPA in place means you've got a plan for the future, and someone you trust can step in if you can't make decisions yourself. GOV.UK has all the details you need, so take your time, read through everything carefully, and get it sorted. It’s a sensible step to take for peace of mind, both for you and your loved ones.

Frequently Asked Questions

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

Think of an LPA as a special document that lets you pick people you really trust to make big decisions for you if you ever can't make them yourself. It's like giving someone permission to help manage your money or health matters if you become unwell and can't decide things on your own.

What are the different types of LPAs?

There are two main kinds. One is for 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 might live. You can choose to make one or both, depending on what you need.

Do I need a lawyer to set up an LPA?

Not always! You can fill out the forms yourself, and the GOV.UK website has lots of helpful guides. However, if your situation is a bit complicated or you're not sure about filling in the forms, getting advice from a solicitor might be a good idea to avoid any mistakes.

How much does it cost to register an LPA?

There's a fee to register your LPA, which helps the government check everything is correct. This fee can be reduced or even waived if you're on a low income or receive certain benefits. It's worth checking the GOV.UK website for the current costs and any discounts you might be eligible for.

When can my LPA actually be used?

It depends on the type of LPA. For health and welfare decisions, your chosen person can only step in when you're unable to make those decisions yourself. For money and property matters, you can choose if they can start acting as soon as the LPA is registered, or only when you've lost the ability to make those decisions.

What happens if I make a mistake on the LPA forms?

Making mistakes on the forms can cause delays or even mean your LPA gets rejected. If it's rejected, you might have to pay again to reapply. That's why it's really important to read the instructions carefully or get help if you're unsure, so everything is filled out correctly the first time.