How do I set up an LPA?

A Lasting Power of Attorney (LPA) is where you give a trusted person known as the “attorney” the authority to make decisions on your behalf. An attorney can be anyone who is over the age of 18 that understands the responsibility they have as an attorney. This could be a partner, child, friend or neighbour. The LPA comes into effect if you decide not to make decisions for yourself, or if you lose the mental capacity to do so in the future. A Lasting Power of Attorney can either cover decisions about your health and welfare, or your finances and property.

To start an LPA you will first have to decide who you are going to appoint to be your ‘attorney’. Next, you will need to get in touch with the Office of Public Guardian (OPG) which is the government department responsible for registering powers of attorney. The OPG will provide you with an information pack and the relevant forms which you will need to fill in. You can either fill out the forms online or download them to complete manually.

You can fill out the forms by yourself but you may wish to seek professional help, particularly if you’re dealing with complex affairs. Next, you will need to find a certificate provider to sign the LPA. A certificate provider can be someone you trust or a professional such as a solicitor, doctor, or social worker. The certificate provider’s role is to confirm that you understand the LPA and have not been put under any pressure to sign it

The final stage is to register the Lasting Power of Attorney with the OPG before it can come into effect. The LPA cannot be used until the registration is complete and you must sign it while you still have the mental capacity to do so. The registration process takes up to 9 weeks.

You can set up an LPA yourself provided you have the mental capacity to fill in the forms and pay the relevant fees. The application forms contain guidance to help you fill them out and there is a helpline should you encounter any issues. 

To set up a Lasting Power of Attorney you will need to pay the registration fee of £82. This means that if you‘d like to set up both an LPA for health and welfare as well as one for your financial affairs or property, the cost will be £164. Anyone on a low income or receiving certain income-related benefits may be eligible for a 50% discount or may not have to pay any fees at all.

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on Lasting Power of Attorney, please don’t hesitate to speak to one of our expert lawyers today. Complete our enquiry form.