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A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone to make decisions for you in the future, if you become unable to do so, due to a 'lack of mental capacity'.
There are 2 types of LPA:
LPAs cover people who live or own assets in England and Wales. However, the LPA may not work in other countries, so it's essential to be aware of this limitation.
1 in 20 LPA applications are denied due to errors, causing delays and incurring a £41 resubmission fee. The Office of the Public Guardian (OPG) won't accept amended applications to avoid potential changes after signature.
For example: Harry Dunstan's application was returned after 3 months due to a mistake in the date - 1022 instead of 2022 (This is Money, June 7th, 2022)
To avoid these issues, it's crucial to ensure accuracy and completeness in the LPA process and review any relevant legal documents before submitting the LPA.
Without an LPA, managing your affairs becomes complicated and can it take several months to regain legal control by your loved ones. It's essential to plan ahead and have an LPA in place to avoid any legal issues.
Direct Line Life Insurance research reveals that many individuals believe their loved ones can make decisions for them if they lose capacity. However, without proper planning and a legal system in place, their family members may face challenges with both financial and welfare management. The sudden responsibility can impact family dynamics deeply. It's crucial to have plans in place to ensure financial and health decisions can continue seamlessly.
To set up a Lasting Power of Attorney (LPA) in the UK, you must be over 18 and have mental capacity, and not be under any undue influence of fraud.
If you are bankrupt or subject to a debt relief order, your financial LPA will be limited, so seek financial advice before you complete this form.
The key players in the LPA process include the Donor, Attorney, Replacement Attorney, Certificate Provider, and Named Person (optional).
Ensure a successful LPA application by understanding these requirements and familiarising yourself with the role of each participant:
The Donor creates the LPA, selecting an Attorney to make decisions about health and welfare, property, or both. A Replacement Attorney can be named in case the original attorney can no longer act.
The Attorney(s) and Replacement Attorney(s) must be over 18 and have mental capacity. They can be family, friends, or professionals.
If using a trust, then specialist financial and legal help must be sought. In the case of bankruptcy or a debt relief order, this prevents a person from acting as an attorney in a financial LPA.
A Certificate Provider must confirm the Donor understands the LPA and is not under pressure to sign. They cannot be a spouse or another member of the immediate family and must have known the donor for at least two years.
A Named Person (Optional) is someone chosen by the Donor to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration. There is no legal requirement to appoint a named person(s); you can make that decision before signing the document. If you decide to use this option, you must notify the named person using form LPA3, which you need to request from us after completing your registration.
You will need Witnesses over 18 for most of the signatures. Further information on the rules will be included with the signing instructions.
Our advisors bring a wealth of practical experience and stay up-to-date with the latest LPA developments through certified courses with various approved bodies and membership with the Institute of Paralegals. All advisors are registered on the Professional Paralegal Register and committed to their code of conduct. We are also covered by professional indemnity insurance provided by HISCOX Business Insurance.