A Lasting Power of Attorney (LPA) is a legal document that allows someone to nominate individuals or organisations, known as attorneys, to manage their affairs should they become incapable of doing so. There are two types of Lasting Powers of Attorney (LPAs) – one for health and welfare matters, and one for property and financial matters.
At SLS Wills and More, our expert team can assist with setting up an LPA correctly in line with the requirements set out by the Office of the Public Guardian.
The Office of the Public Guardian is responsible for registering Lasting Powers of Attorney (LPAs) and providing a certificate when the LPA is registered. The certificate provider will confirm that the Lasting Power of Attorney (LPA) is valid and that the donor (the person setting up the LPA) understands what they are doing. Therefore it is essential that when you make a Lasting Power of Attorney, you have the ‘mental capacity’ to do so. When we support clients with the creation of a Will or LPA, we conduct mental capacity assessments. *Note* The tests for LPAs and Wills are different.
To register Lasting Powers of Attorney, three parties must be involved:
– The Donor – this is the person authorising the Lasting Power of Attorney and making decisions about who will be their attorney(s).
– The Attorney(s) – this is the person (or persons) appointed by the donor to make decisions on their behalf. It is important that these are people you trust, as they will have a large amount of power over your affairs if you become unable to manage them yourself. Often, children or your spouse will be your attorneys.
– The Certificate Provider – this is someone who can certify that the Lasting Power of Attorney has been correctly filled out and that you have had capacity to make one.
It is important to note that Lasting Powers of Attorney come into effect as soon as they are registered, so it’s essential to ensure there are safeguards in place should anything go wrong. At SLS Wills and More, we are able to provide you with advice on how to protect yourself when creating an LPA, as well as provide a Lasting Power of Attorney service should you require it.
We strongly advise that anyone who is considering setting up Lasting Powers of Attorney (LPAs) speaks with our team at SLS Wills and More first before doing so. We are here to help ensure the process goes smoothly and correctly for both you and your loved ones. You may wish to note that you could complete the application for an LPA without professional support but it should be noted that if you complete the forms incorrectly and they are rejected by the OPG, you will lose your application/registration fee. At the time of writing, that fee stands at £82 per document. By choosing SLS Wills and More to help you with your estate planning, we take responsibility for the form filling and are able to identify if you are entitled to any exceptions or remissions on the fees.
If Lasting Powers of Attorney are not set up correctly or if concerns arise around mental capacity during the Lasting Power of Attorney process, it could result in expensive court proceedings further down the line.
A couple of high-profile cases highlight the real need for LPAs and they include TV presenter – Kate Garroway and author – Heather Bateman. In both cases their husband’s Lasting Powers of Attorney were not in place and as a result, the families had to endure costly court battles with the Court of Protection. Both are big advocates for LPAs.
Another advocate for LPAs is money expert – Martin Lewis. Over the last few years Martin Lewis has publically talked about his support for these legal documents.
In summary, when you’re ready to think about Lasting Powers of Attorney or if you’d like more information, feel free to reach out to SLS Wills and More.
