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Now you’ve taken the step to make an LPA, you’ll discover the process is relatively straightforward…
Once you’ve made the decision to set up a Lasting Power of Attorney, either for yourself or a family member, there are certain steps you’ll need to take.
How to make an LPA
With Unforgettable
Unforgettable.org offers a service that can help you to create legally binding Lasting Power of Attorney documents. We’ve created a free and easy-to-use online questionnaire which automatically completes your Lasting Power of Attorney forms for you. It also features:
• Helpful guides and instructions to completing and registering your Lasting Power of Attorney, and a telephone helpline.
• The only service available that includes helpful questions to consider specifically relating to
dementia care.
• Additional services available (starting from £89) which includes having an expert check, validate and register your forms with the government for you.
• Telephone consultations and home visits available for those who want even more support.
• Mental capacity experts who can assess Mental Capacity and provide Certification.
Lasting Power of Attorney
Click here for more information.
Without a solicitor
You don’t have to use a legal representative to create a Lasting Power of Attorney as you can simply download and fill in the forms for the LPA and post it off to the Office of the Public Guardian with your payment. However, some people prefer someone with some legal expertise to look over the document before sending it off, rather like you would with a Will.
Step 1:
• You can download the forms for an LPA from here, you can request for them to be sent to you by post, or you can complete online.
Step 2:
Once you have filled the forms in, the relevant people need to sign them in the correct order. These will include the people you have picked as your attorneys, the witnesses who will need to witness the signing of the forms, and a certificate provider.
Step 3:
• Once everyone has signed the form, you will need to register it with Office of the Public Guardian. You cannot start using an LPA until it is registered with them.
Step 4:
• You may also want to fill out forms to send to ‘people to notify’. These are people who you wish to notify of the creation of the LPA, as it will give them an opportunity to object to it if they feel they need to.
Step 5:
• While you don’t have to register an LPA immediately, it’s a good idea in case there are any mistakes. If you delay until after the person with dementia loses mental capacity, it will be impossible to fix any errors. This could make the whole LPA invalid and it will not be possible to register or use it.
With a solicitor
Some people prefer to make a LPA with a solicitor, as it is quite a powerful legal document, and if there are issues surrounding complex assets, businesses, overseas property or if members of the family don’t get on, then a solicitor can help. They may download the same forms or use their own versions, but you will obviously need to pay for the services of the solicitor as well as the cost of the Power of Attorney. Fees can vary from around £150 to £3000 depending on the firm. Unforgettable also offers several competitively priced packages.
Requirements for making a LPA
• The person must have mental capacity
• They must choose at least one person to be their attorney (but often more than one).
• They must pay a fee to register the LPA
Can I make a LPA for someone else?
You can fill out the LPA for someone else, but they will still need to be present, have mental capacity and understanding of what they’re signing and be able to sign it themselves.
The LPA jargon and what it means
You may come across the following words and phrases
Office of the Public Guardian
This is the agency that deals with Lasting Power of Attorney (and Enduring Power of Attorney if
registered before 2007). It is responsible for supervising deputies appointed by the Court of Protection. The powers extend to those living in England and Wales (there are different systems in Scotland and Northern Ireland).
Court of Protection
This is the court that makes decisions and appoints deputies to act for people who do not have mental capacity and are unable to make decisions for themselves about their health, finance or welfare.
Donor
You can be a donor if you’re aged over 18 and wish to give Power of Attorney to someone else so that they can manage your finances, property and health and welfare in the event that you lose your mental capacity.
Attorney
This is the person who is appointed by the Donor to make decisions on their behalf concerning either their property and financial affairs, health and welfare, or both. An attorney must agree to the role.
Deputy
This is someone appointed by the Court of Protection to act on behalf of the donor and manage
their personal welfare or finance and property if they have lost mental capacity. Deputies are only needed if someone has lost their mental capacity and not managed to set up a Lasting Power of Attorney beforehand. In effect, a deputy is an attorney that you don’t choose.
Witness
This is someone who witnesses the signing and dating of a LPA form by either the donor or the
attorney(s).
Certificate provider
They are responsible for confirming that the Donor understands the LPA and is not being pressured into making it. They could be a professional — such as a doctor — or someone the donor has known for at least two years. They will be required to sign the LPA before it is registered.
Want to get started? You can find more help here
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