FAQ’s

At LPA Online we believe in delivering exceptional value. Our services are designed to be both affordable and high-quality, ensuring you receive the best possible protection without exceeding your budget.

The Office of the Public Guardian (OPG) charges a registration fee for each LPA, ranging from £0 to £82. This fee is not included in our service cost.

We will inform you of the specific registration fees applicable to your LPAs.

You will pay these fees directly to the OPG at the beginning of the registration process. You can choose to pay by card or cheque. If you opt for card payment, the OPG will contact you directly to process your payment later.

While there’s no immediate deadline for registering your completed LPAs, please remember that they do not become legally valid until they are registered with the OPG. 

Obtain a legally valid Power of Attorney (POA) document from the comfort of your home.

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You will need to start by completing your form Entering your Personal Details 

Choose the people who you want to be on the lasting power of attorney documents (LPA) and input their details.

These details include the name, address and date of birth of any attorneys you want to nominate when applying for Lasting Powers of Attorney (LPAs). 

Once the form is completed one of our expert team with review the LPA document.

Once our experts have checked your LPA documents, they will then be posted immediately back to your selves, ready to sign and date.

A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more people (known as ‘attorneys’) to make decisions or help you make decisions about your finances and/or your health and welfare if you lose the mental capacity to do so yourself.

Key Points:

• Two Types of LPAs: There are two main types of LPAs: 
  • Property and Financial Affairs LPA: Allows your attorneys to make decisions about your money and property (e.g., paying bills, selling property).
  • Health and Welfare LPA: Allows your attorneys to make decisions about your health and care (e.g., medical treatment, where you live).
• Mental Capacity: An LPA only comes into effect when you lack the mental capacity to make the relevant decisions yourself.

The Donor is the individual who creates the Lasting Power of Attorney (LPA). By creating an LPA, the Donor grants legal authority to one or more Attorneys to make decisions on their behalf. This authority may be used to assist the Donor in managing their property, finances, or health and welfare, both currently and in the future, especially if they lose the mental capacity to make these decisions themselves.

The donor appoints one or more attorneys to make decisions on their behalf, concerning either property and financial affairs, or health and welfare, or both, depending on the type of LPA

Generally, anyone over the age of 18 with mental capacity can be appointed as an Attorney.

The most important factor is that the Donor trusts the individual to act in their best interests and make decisions that align with their wishes.

However, there are some specific exclusions: 

An individual cannot be appointed as an Attorney if they are currently declared bankrupt and have not been discharged from bankruptcy.

There may be other restrictions depending on the individual’s relationship to the Donor.

Mental Capacity refers to an individual’s ability to make their own decisions effectively. This involves several key aspects:

Understanding: The individual must be able to understand the information relevant to the decision they need to make, including the potential consequences of their choices.

Retaining Information: They must be able to retain the information long enough to consider it properly.

Using and Weighing Information: The individual must be able to use and weigh the information to make a sound decision.

Communicating the Decision: They must be able to communicate their decision in some way, whether verbally, in writing, or through other means.

Mental capacity is crucial when creating an LPA because it ensures that the individual granting the power of attorney fully understands the implications of their decision and is making it voluntarily.

Age-related Conditions: ( Dementia,  Alzheimer’s Disease)

Brain Injuries: (Traumatic Brain Injury (TBI), Stroke)

Mental Health Conditions: (Depression, Schizophrenia, Bipolar Disorder)

Temporary Conditions: (Intoxication (e.g., alcohol, drugs, Unconsciousness)

Learning Disabilities: (Intellectual Disability, Developmental Disabilities)

It’s crucial to understand that mental capacity is not an all-or-nothing concept. A person may lack capacity to make specific decisions while retaining the ability to make others.

For example, someone with dementia might still be able to choose their clothing or enjoy social activities but may lack the capacity to manage their finances or understand complex medical procedures.

Health and Medical Care: Mental capacity is essential for individuals to provide informed consent for medical treatments, including surgeries, medications, and other healthcare interventions.

Property and Financial Affairs: Individuals must possess mental capacity to manage their finances effectively, enter contracts (such as buying a house or investing), and make decisions about their property and assets.

Wills and Estates: Mental capacity is crucial for creating or modifying a will. Individuals must understand the nature and extent of their assets, the individuals they wish to benefit from their estate, and the legal implications of their will.

In situations where an individual lacks mental capacity, legal mechanisms are put in place to ensure their well-being and the respect of their wishes. These mechanisms include:

Power of Attorney: This is a legal document created while the individual still has mental capacity. It allows them to appoint trusted individuals (attorneys) to make decisions on their behalf regarding their finances, property, and/or health and welfare should they lose mental capacity.

Court-Appointed Guardianship: If an individual lacks mental capacity and does not have a Power of Attorney in place, a court may appoint a guardian to make decisions on their behalf.

The accurate assessment of mental capacity is crucial for several reasons:

Protecting Individual Rights: It safeguards the rights and autonomy of individuals by ensuring that decisions made on their behalf are in their best interests and respect their wishes as much as possible.

Preventing Abuse: It helps prevent potential abuse or exploitation of individuals who lack mental capacity.

Ensuring Appropriate Support: It ensures that individuals receive the necessary support and care tailored to their specific needs and circumstances.

Signing your LPA documents is a crucial step in ensuring your wishes are legally protected. By signing your LPAs, you formally appoint your chosen Attorneys and authorize them to act on your behalf as outlined in the documents.

Our team has carefully drafted your LPA documents based on the information you provided.

We have included clear and concise instructions on how to correctly sign and date your LPAs.

Once you have signed and dated your LPAs, you can proceed to register them with the Office of the Public Guardian (OPG). 

We can assist you with the registration process if needed.

There is a registration fee payable to the Office of the Public Guardian (OPG) for each LPA. The fee amount varies depending on the donor’s income. We can help you determine the applicable fee for your specific circumstances.

Please note that the government registration fee for your LPAs is not included in our service fee.

Registration fees for your LPA application are paid directly to the Office of the Public Guardian (OPG) after the start of the registration process. You can choose to pay by card or by cheque.

If you select to pay by card, the OPG will contact you directly for payment at a later stage. 

Once the lasting power of attorney documents are completed, there is no immediate deadline to send them for registration.

It’s important to note that your LPAs do not become legally valid until they are registered with the OPG.

Before you begin creating your Lasting Power of Attorney (LPA), it’s crucial to carefully consider the following: This is a good start to explaining the key considerations for someone creating a Lasting Power of Attorney (LPA). Here’s a slightly refined version with a focus on clarity and flow:

Before you begin creating your Lasting Power of Attorney (LPA), it’s crucial to carefully consider the following:

1- Choose your Attorneys: 

Who? Select individuals you trust implicitly to make important decisions on your behalf.

Decision-making: Determine how your attorneys will make decisions together. Will they need to reach unanimous agreement, or will a majority vote suffice?

2- Plan for the future: 

Replacement Attorneys: Consider naming replacement attorneys to step in if your initial choices are unable to act.

When should they step in? Specify under what circumstances the replacement attorneys should assume their roles.

3- Understand your wishes: 

Clearly articulate your preferences: How do you want your attorneys to approach decisions related to your finances, health, and welfare?

Provide guidance: Include any specific instructions or preferences to guide your attorneys in making decisions that align with your values and wishes.

• Donor Information: Full Name, Date of Birth, and Current Address
• Attorney Information:
  • Full Name, Date of Birth, and Address for each appointed attorney.
  • If applicable, the same information for any replacement attorneys.
• Certificate Provider Information: Name and Address of the organization or individual who will certify your identity and signature.
• Notification Information (Optional):
  • If desired, include the names and addresses of individuals you wish to notify about the creation of your LPA.

Having this information readily available will streamline the LPA creation process and ensure a smoother experience.

A certificate provider is required during the process of an LPA. The certificate provider is an independent individual who plays a crucial role in ensuring the validity of your Lasting Power of Attorney (LPA).

It is their responsibility to confirm that you Understand the nature and effect of the LPA. And are making the LPA voluntarily and without undue influence or coercion. And that you have the necessary mental capacity to understand the implications of the LPA.

By acting as an independent witness, the certificate provider helps protect your interests and ensures that your LPA is legally sound.

• Knowledge-Based Providers:

Individuals who have known the donor personally for at least two years, such as friends, neighbours, or colleagues.

They must have a strong understanding of the donor’s personality and be able to assess their understanding and voluntariness.

• Skills-Based Providers:

Professionals with relevant expertise, such as: 

• Doctors (GPs)
• Solicitors
• Barristers
• Registered social workers

Independent Mental Capacity Advocates (IMCAs)

Important Considerations:

Independence: The certificate provider must be independent and impartial. They cannot be: 

• The donor
• An attorney or replacement attorney for the LPA
• A family member or close personal friend of the donor or any attorney
• A business partner or employee of the donor or any attorney
• Employed by a care home where the donor resides

Fees: Professional certificate providers may charge a fee for their services.

This is a good start to explaining the process of notifying people about an LPA. Here’s a slightly refined version with a focus on clarity and conciseness:

Notifying Others:

 When registering their LPA, the donor has the option to notify up to five individuals. This notification serves as an informative notice to family members or close

friends.

Note: The donor cannot notify their appointed attorneys or any replacement attorneys.

People can object to an LPA on ‘factual’ or ‘prescribed’ grounds.

Factual grounds include the death of the donor or an attorney , The LPA becomes invalid upon the death of either.; an attorney losing mental capacity, or if the donor or an attorney is bankrupt.

Prescribed grounds If it’s believed the donor lacked the mental capacity to understand the LPA when they created it; If there’s evidence that the donor was coerced or misled into creating the LPA or if an attorney is acting in a way that is not in the best interests of the donor.

Preferences and Instructions:

While not mandatory, including preferences and instructions in your LPA can be extremely valuable, especially when If you appoint multiple attorneys to act jointly, clear instructions can prevent potential disagreements and ensure smooth decision-making. Preferences and instructions provide valuable guidance to your attorneys on how you’d like them to approach decisions related to your health, welfare, and finances.

 If you appoint joint attorneys, consider: 

 Granting your attorneys the authority to act either jointly or individually can ensure decisions can be made even if one attorney is unavailable. Clearly articulate your wishes regarding your preferences for end-of-life care, specific medical treatments, or religious beliefs, your investment preferences, charitable giving, or how you’d like your assets to be managed. Your preferences regarding living arrangements, social activities, or personal care.

Ensure your preferences and instructions are clearly written and easy to understand. Ambiguity can lead to confusion and potential disagreements among your attorneys.

This is a good start to explaining how an LPA works in practice. Here’s a slightly refined version with a focus on clarity and comprehensiveness:

When your attorneys need to make decisions on your behalf, they must present your registered LPA to relevant organizations, to access your accounts, manage investments, or handle financial transactions, to make decisions about your medical care, including admission to care homes, to manage your bills and ensure continued service.

Your attorneys have a legal and ethical obligation to act responsibly and in accordance with your wishes as expressed in the LPA.   

Organizations are also obligated to Verify the validity of the LPA, Understand and respect the terms and conditions outlined in the LPA and Ensure that decisions made on your behalf are in your best interests.

Preferences are general wishes or guidelines that you want the attorneys to keep in mind when making decisions, but they are not legally binding. Preferences are written containing words such as ‘prefer’ and ‘would like to’. 

Instructions are legally enforceable, and are specific, clear directives that you want the attorneys to follow, the instructions are written containing words such as ‘must’, ‘have to’ or ‘shall’.