Make a lasting power of attorney – the forms and practicalities

We will help you by filling in the forms. You need to sign the forms before you send them off. They also need to be signed by:

• the attorneys;
• witnesses;
• a ‘certificate provider’, who confirms you’re making the LPA by choice and you understand what you are doing.

Who can be a witness or certificate provider?

Witnesses and certificate providers must be 18 or over.

Attorneys can witness each other sign, but they can’t:

• witness you signing the document;
• sign as the certificate provider.

You cannot be a witness if you are making the LPA or are the planned attorney.

Notify people

Before you register the LPA you have to notify the people you include on the form. The LPA forms ask you to identify 'people who need to be told' . This means people who should know that you are planning to register an LPA.

If you have identified such a person (and it is not compulsory that you do) then they are sent a notification form. They have 3 weeks to raise any concerns with the OPG.

Certificate providers

Separate forms are also completed by a ‘certificate provider’ (often your doctor) who confirms your understanding (capacity). The forms are also signed off by each of the attorneys you have picked.

Registering your LPA

When you’ve made your lasting power of attorney (LPA), you need to register it with the (OPG).

It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.

You must register your LPA or your attorney won’t be able to make decisions for you. We will give you guidance on how to do this

Once the OPG is satisfied, it will send back a stamped copy of the Power of Attorney, showing that it has been accepted and registered.

Without the stamp of the OPG, an LPA is not valid. It cannot be used.

Once the LPA is certified it can be sent by us to whomever you have appointed. It is sensible to make copies so everyone has one who needs one. They can keep it safe. We will keep a copy in our office for you.

There is provision to make certified copies. We can help you with this. It is easier to make copies at the outset and ask for it to be returned if ever posted or handed over to a bank or other institution

To act as an attorney, you will need certified copies of the original Power of Attorney. These are accepted by banks and other institutions and prevent any risk of the original (stamped by the OPG) getting lost.

Attorney’s duty of care

Acting as an attorney obliges your attorney to maintain a duty of care to you. They are not allowed to benefit from the role themselves.

Your money and the attorneys money must always be kept separate. A paper trail should be kept.

Banking

Most attorneys for LPA for property and financial affairs will have to deal with your bank.

Before they can do this, the bank requires the attorney to go through a registration process. This is there to protect you.

When the LPA is registered with the bank they will ask to see:

• The original LPA document stamped by the OPG (or a certified copy, signed by a solicitor);
• Proof of each attorney’s identity (their passport, or a driving licence);
• Proof of each attorney’s address (a recent utility bill).

In the branch, the bank will take photocopies of the Power of Attorney and other documents.

If there are joint attorneys, each one can normally have their documents copied separately at their local branch. If registration is done by post, everything needs to be sent - including supporting documentation.

If you have several accounts with different banks then the above process is done with each of them. It may seem a lot of trouble but makes future handling much easier.

The attorney also has to make a declaration about whether you still have capacity (continuing to sign cheques and receive statements and correspondence, for example) or whether you don’t. If this is the case the attorneys take over entirely. No medical evidence is required for this, although attorneys must report your state of health properly.

Making payments with a Power of Attorney

Most banks will give the attorney telephone and online access to your account as well as being able to give instructions in branch and sign cheques. This is not always the case, however, especially where you still have capacity. This will need to be checked with your bank.

The OPG has produced a guide for Attorneys in conjunction with the British Bankers Association (BBA) and the Building Societies Association (BSA).

Change your lasting power of attorney

You can make changes to your lasting power of attorney (LPA) even if it has been registered, as long as you still have mental capacity to make decisions.

If you want to remove one of your attorneys

You will need to send the Office of the Public Guardian (OPG) a written statement called a ‘partial deed of revocation’.

If you want to add another attorney you have to end your LPA and make a new one.

For this reason carefully selecting your attorney(s) at the outset is important.

Changes affecting your attorneys

You must write to the OPG if one of your attorneys has changed their:

• name - by marriage or deed poll or;
• address.

You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

Don’t make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.

If one of your attorneys dies

You must tell OPG and send them:

• a copy of their death certificate;
• the original LPA;
• all certified copies of the LPA;
• a return address where your documents can be sent back to.

Cancelling or ending your lasting power of attorney

As long as you still have mental capacity you can end the LPA.

To do this, you’ll need to send the OPG the original Power of Attorney, as well as a written statement called a ‘deed of revocation’.

You must be able to make your own decisions when you end your LPA.

You can also complain if you have concerns about your attorney, for example if they’re not carrying out their responsibilities properly.

Other ways a lasting power of attorney can end

Your LPA may end if your attorney:

• becomes bankrupt or becomes subject to a Debt Relief Order (DRO) if the LPA is for property & financial affairs;
• loses the ability to make decisions - ‘loses mental capacity’;
• divorces you or ends your civil partnership if they’re your husband, wife or partner;
• is removed by the Court of Protection;
• dies or If your only attorney dies.

Your LPA will end if your attorney dies and you have no replacement attorneys. You must tell OPG and send them:

• a copy of their death certificate;
• the original LPA;
• all certified copies of the LPA;
• a return address where your documents can be sent back to.

Your LPA will end automatically when you die. Your affairs will be looked after by your executors or personal representatives from that point, not your attorney.

Reductions and exemptions on LPA fees

You can apply for a reduction if you earn less than £12,000. You might also be able to apply for an exemption if you are on certain benefits, such as Income Support. We can help you with this.

Costs of an LPA

As a firm we charge £500 for each LPA. This includes the OPG court fees and certified copies to make your future conduct much easier.

If you would like to look into this then contact or friendly helpful team on 0800 655 6550.