How to Set Up a Lasting Power of Attorney: Step-by-Step Guide

Establishing a Lasting Power of Attorney (LPA) is a vital step to ensure that your affairs are managed by someone you trust if you lose the mental capacity to make decisions for yourself. This comprehensive guide provides an in-depth look at the process of setting up an LPA in the UK, detailing each step to help you navigate this essential legal task effectively.

Understanding Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document that grants a designated person, known as an attorney, the authority to make decisions on your behalf should you become incapable of doing so. There are two distinct types of LPA:

1. Property and Financial Affairs LPA: This type covers decisions about your finances, including managing bank accounts, paying bills, and handling property transactions.
2. Health and Welfare LPA: This type covers decisions about your personal health and welfare, such as medical treatment and living arrangements.

Each type of LPA serves a unique purpose and provides specific powers to the attorney, making it crucial to consider your needs and wishes when creating these documents.

Step-by-Step Guide to Setting Up an LPA

Step 1: Choosing Your Attorney(s)

Selecting the right person or people to act as your attorney is the most critical step in setting up an LPA. Your attorney should be someone you trust implicitly, as they will have significant authority over your affairs.

• Trustworthiness and Relationship: Consider individuals who have demonstrated reliability and integrity. These could be family members, close friends, or professional advisers.
• Willingness and Capability: Ensure that your chosen attorney is willing to take on the role and is capable of managing the responsibilities. Have an open discussion with them about what the role entails.
• Multiple Attorneys: You can appoint more than one attorney and specify whether they must act jointly (together on all matters) or jointly and severally (together or independently).

Step 2: Obtaining the LPA Forms

The necessary forms for creating an LPA can be obtained from the UK government’s website or by requesting paper copies. It is important to ensure you have the correct forms for each type of LPA you wish to set up.

• Property and Financial Affairs LPA Form
• Health and Welfare LPA Form

These forms are comprehensive and require careful attention to detail when filling them out.

Step 3: Completing the LPA Forms

Filling out the LPA forms involves providing detailed information about yourself, your chosen attorney(s), and any specific instructions or preferences you wish to include.

• Personal Details: Begin by entering your personal details and those of your attorney(s). This includes names, addresses, and dates of birth.
• Replacement Attorneys: Consider appointing replacement attorneys who can step in if your original attorney(s) cannot act. This adds a layer of security to your LPA.
• Preferences and Instructions: Clearly state any preferences or specific instructions you want your attorney(s) to follow. For example, you might specify how you wish your property to be managed or what types of medical treatment you do or do not want.
• Witnessing Signatures: Sign the forms in the presence of a witness. Your attorney(s) and any replacement attorney(s) must also sign the forms in front of a witness. The witness cannot be one of the attorneys.

Step 4: Certifying Your LPA

To ensure that the LPA is valid and that you fully understand the implications, a certificate provider must sign the form. The certificate provider confirms that you are making the LPA voluntarily and that you understand the powers you are giving to your attorney(s).

• Choosing a Certificate Provider: This can be someone you’ve known personally for at least two years or a professional such as a GP, solicitor, or social worker.
• Certificate Provider’s Role: The provider will discuss the LPA with you to ensure you understand it and are not under any undue influence or pressure to create it.

Step 5: Registering Your LPA

An LPA is not valid until it has been registered with the Office of the Public Guardian (OPG). This process can take several weeks, so it’s important to submit your application promptly.

• Submitting the Forms: Send the completed LPA forms along with the registration fee (£82 per LPA) to the OPG. If you are setting up both types of LPA, you will need to pay £164.
• Waiting for Registration: The registration process typically takes up to 20 weeks. During this time, the OPG may contact you or your attorney(s) if there are any issues with the application.
• Notification of Registration: Once the LPA is registered, you and your attorney(s) will receive confirmation. The LPA is now a legally binding document that your attorney(s) can use when necessary.

Step 6: Notifying Relevant Parties

Once your LPA is registered, it’s important to inform any relevant organisations and individuals that your attorney(s) may need to interact with on your behalf.

• Informing Financial Institutions: Provide copies of the registered LPA to banks, building societies, and other financial institutions.
• Healthcare Providers: Notify your GP, hospital, and other healthcare providers about the Health and Welfare LPA.
• Other Relevant Parties: Inform utility companies, insurance providers, and other relevant organisations as needed.

Additional Considerations

• Safekeeping: Store copies of your registered LPA in a secure place and provide copies to your attorney(s) and trusted family members or friends.
• Regular Reviews: Periodically review your LPA to ensure it continues to reflect your wishes. Circumstances and relationships can change, so it’s important to update your LPA if necessary.
• Professional Advice: If your situation is complex, such as having significant assets or complicated health care needs, consider seeking advice from a solicitor specialising in LPAs.

Conclusion

Creating a Lasting Power of Attorney is an essential step in planning for your future. By setting up an LPA, you ensure that your financial, health, and welfare decisions are made by someone you trust if you become unable to make these decisions yourself. Following the detailed steps outlined in this guide will help you establish an LPA effectively and provide peace of mind for you and your loved ones.

For further information and to access the necessary forms, visit the UK Government’s LPA webpage.

Taking these proactive steps ensures that your wishes are respected and that your affairs are managed according to your preferences, safeguarding your future well-being and that of your family.