How do I make a lasting power of attorney?
The person granting the power (the donor) has to complete an application form. The donor needs to decide who they trust to act in their best interests before appointing them as their attorney(s). There are separate forms for a Financial LPA and for a Health and Welfare LPA. The forms and instructions about how to fill them in are on the website of the Office of the Public Guardian (OPG). They are long and detailed, but you do not necessarily need a solicitor to complete them, but note that the guidance offered by the OPG is 48 pages long.
Someone called a ‘certificate provider’ has to certify that the person understands what they are doing and has not been put under any pressure to complete the form. The certificate provider must be either a professional (such as a solicitor, a doctor or a social worker) or someone who has known the person for at least two years (as long as that person is not a member of the family of the person or the attorney and there is no conflict of interest).
In addition witnesses are needed to witness the attorneys signatures. The donor is unable to witness the attorneys signature and vice versa.
The completed forms have to be sent to the Office of the Public Guardian to be registered. An attorney cannot make decisions using the power until the registration is completed. There is a fee to register a lasting power of attorney (LPA). The current fee is £82 per power of attorney. If the person making the power of attorney is on some specified means-tested benefits, they may not have to pay the fee or may only have to pay part of the fee (such as where income is below £12,000 gross p.a.).
The Court will usually register the lasting power of attorney within 8-10 weeks. They must allow a three week period for the notification process. If no notification is required they can register the lasting power of attorney in 6-8 weeks.
We offer 2 different levels of service to assist you in this process – our Full Lasting Power of Attorney Service or our Check and Advice DIY Service