Establishing a Lasting Power of Attorney (LPA) is a crucial step for UK Citizens to ensure that trusted individuals can make decisions on their behalf should they lose the capacity to do so. An LPA is a legal document that allows you (the ‘donor’) to appoint one or more persons (‘attorneys’) to manage your affairs, covering either property and financial matters or health and welfare decisions. Understanding the legal process of creating an LPA in the UK is essential to ensure your wishes are respected and legally upheld.
Types of Lasting Power of Attorney
There are two primary types of LPA:
- Property and Financial Affairs LPA:
This empowers your attorney(s) to handle financial matters such as managing bank accounts, paying bills, collecting benefits or pensions, and buying or selling property. This type of LPA can be used as soon as it’s registered, with your consent, even if you still have mental capacity. - Health and Welfare LPA:
This allows your attorney(s) to make decisions about your personal health and welfare, including daily care routines, medical treatments, and living arrangements. This LPA becomes effective only when you no longer have the mental capacity to make these decisions yourself.
Steps to Create a Lasting Power of Attorney
Creating an LPA involves several key steps:
1. Choose Your Attorney(s)
Select individuals you trust implicitly to act in your best interests. You can appoint more than one attorney and specify whether they should act jointly (making all decisions together) or jointly and severally (able to make decisions independently).
2. Complete the LPA Form
Obtain the appropriate LPA form from the Office of the Public Guardian (OPG) or use a reliable online service. Ensure all sections are filled out accurately, including details about your attorneys and any specific instructions or preferences you wish to include.
3. Sign the LPA Form
The document must be signed by you, your attorney(s), and a witness. Additionally, a ‘certificate provider’—someone who confirms that you understand the LPA and are not under undue influence—must sign the form. This could be someone you’ve known for at least two years or a professional like a doctor or solicitor.
4. Register the LPA with the OPG
An LPA is not valid until it is registered with the Office of the Public Guardian. The registration process involves submitting the completed form along with the required fee. As of now, the registration fee is £82 per LPA, though fee exemptions or reductions may apply if you’re on a low income or certain benefits.
5. Await Confirmation
The registration process can take several weeks. It’s advisable to register the LPA well in advance of it being needed to avoid any delays when the need arises.
Common Mistakes to Avoid
To ensure a smooth process, be mindful of common pitfalls:
- Incorrect Signing Order:
The LPA form must be signed in a specific order: first by the donor, then the certificate provider, followed by the attorney(s). Deviating from this sequence can invalidate the application. - Incomplete or Inaccurate Information:
Ensure all personal details are correct and complete. Even minor errors can lead to delays or rejection of the application. - Not Using Appropriate Witnesses:
Each signature must be witnessed by someone who meets the criteria outlined by the OPG. Using ineligible witnesses can render the LPA invalid.
How LPA Online Can Assist
Navigating the complexities of creating an LPA can be daunting. LPA Online offers a streamlined, user-friendly platform to assist UK Citizens in creating their Lasting Power of Attorney documents efficiently and accurately. Their process includes:
- Guided Form Completion:
Enter your personal details and those of your chosen attorneys through a secure online portal. - Expert Review:
Once submitted, their team of experts reviews the documents to ensure all information is accurate and complete. - Prompt Delivery:
After the review, the completed LPA documents are promptly posted to you for signing. - Registration Support:
LPA Online provides guidance on the registration process with the OPG, ensuring your LPA becomes legally binding without unnecessary delays.
By choosing LPA Online, you can have peace of mind knowing that your affairs will be managed according to your wishes, should the need arise.
Conclusion
Establishing a Lasting Power of Attorney is a vital aspect of planning for the future. It ensures that your financial, health, and welfare decisions are handled by trusted individuals in accordance with your preferences. By understanding the legal process and utilizing resources like LPA Online, UK Citizens can navigate the creation and registration of an LPA with confidence and ease.
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