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Guide to Lasting Power of Attorney
While life expectancy is on the rise across Britain, this unfortunately means that a growing number of older people are being diagnosed with conditions such as dementia.
The increase in the proportion of the population living with the illness and other neurological conditions has contributed to the rising number of individuals who are choosing to make a Lasting Power of Attorney (LPA). Indeed, recent analysis of official figures suggests the number of applications has doubled in the space of two years.
The arrangement enables you to choose someone to take responsibility for your finances or wellbeing, in the event that you should lose the capacity to make such decisions yourself at some point in future.
Inevitably many people who might be considering putting an LPA in place welcome the opportunity to learn more about how the process works in practice. With this in mind, RPJ solicitors has produced this guide.
Please note that the pages that follow should be taken as a general introduction only and you should always seek expert legal advice about how legislation relates to your own particular circumstances.
Guide to Lasting Power of Attorney 1
What is a Lasting Power of Attorney (LPA)?LPAs came into force in October 2007 and allow you (the donor) to appoint one or more people as attorneys.
There are two types of LPA, one relating to property and financial affairs and the other covering issues involving health and welfare. You may choose to make a LPA which covers one or both of these areas.
A property and financial affairs LPA confers responsibility for making decisions on matters such as managing bank accounts, paying bills, collecting pension or benefits payments or selling your home. It can be used as soon as it has been registered, providing you have given permission.
The second type of LPA encompasses medical care, organising a move to a care home or decisions relating to life-sustaining treatment. This arrangement can only take effect once you have lost the capacity to make decisions for yourself, most commonly as a result of a serious illness or accident.
While no-one likes to dwell on the possibility that they may one day lose the ability to make decisions for themselves, it is important to consider making preparations for this eventuality. This will give you peace of mind that the appropriate arrangements are in place and reduce the burden on loved ones, who may otherwise have to consider the more time-consuming process of applying to the Court of Protection to become a Deputy.
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Choosing your attorney(s)To act as an attorney an individual must be 18 or over. Typically people appoint a relative, friend, spouse, partner or a professional, such as a solicitor.
An attorney does not have to live in the UK or be a British citizen. However, if the LPA relates to property and financial affairs you cannot appoint someone who is subject to a Debt Relief Order or who is bankrupt.
It is important to put careful thought into who you appoint as an attorney. You need to be sure that you can trust them to make decisions in your best interests, which is why most people tend to choose a person or people who they know well. While cases of LPAs being abused are fortunately rare, they are not unheard of, so it is crucial you are happy with the choice you have made.
As mentioned above, you may appoint more than one attorney. If this is the option you would prefer, you must decide if they can make decisions separately as well as together. If attorneys are appointed jointly they must be in agreement in order to make a decision.
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How to make a Lasting Power of AttorneyOnce you have chosen one or more attorneys you will need to complete the documentation to appoint them to the role. These days you can choose to either fill out paper forms or submit an application online. Either way, it is important that the process is properly completed and witnessed.
The LPA must then be registered with the Office of the Public Guardian (OPG), a process which takes up to 10 weeks. Registering an LPA currently costs £82, although you may not have to pay the fee if you’re on means-tested benefits or a low income.
There are a number of requirements which must be met to ensure an LPA is validly made and brought into effect, which is why it is important to seek legal advice. Please note that mistakes on an LPA application can delay the process and mean that you incur additional costs.
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Guide to Lasting Power of Attorney 5
Changing an LPAChanges in circumstances may mean you want to remove one of your attorneys. You will also need to provide the relevant details to the Office of the Public Guardian in the event an attorney dies or their contact details change. RPJ solicitors can advise on the process that will need to be followed.
Ending an LPAIf you have mental capacity you may choose to end an LPA yourself. This will involve sending a written statement, known as a deed of revocation, to the Office of the Public Guardian.
An LPA may also come to an end through a number of other circumstances, including if your only attorney dies, if they lose mental capacity themselves or if the individual is removed from their position by the Court of Protection.
Our solicitors are able to provide further guidance on the steps to follow in any one of these situations.
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Our Private Client TeamThe information in this leaflet is intended as a guide only and does not constitute legal advice. We would be pleased to answer any questions or give legal advice relating to any of the matters raised in this guide. Please don’t hesitate to contact a member of our Private Client Team today.
Roderick McCullochPartner
Roderick graduated from Southampton University with an LLB Honours degree in 1976 and was admitted as a Solicitor in 1979. His early career was spent with a firm in Berkhamstead where he became a partner and head of the Private Client Department.
01494 525941
Charlotte KernsPartner
Charlotte graduated with a first class degree in Law from Cardiff University in 2013 and achieved a distinction in her Legal Practice Course at The University of Law in the summer of 2014. She joined the firm as a trainee solicitor in September of that year.
01494 525941
Guide to Lasting Power of Attorney 7
Gillian HumphreysConsultant
Gillian is a consultant in the firm. She was educated at Southampton University from where she graduated with an LLB honours degree. She later studied for the Law Society professional exams at The College of Law in Guildford. She joined the firm as an articled clerk in 1970, qualifying as a Solicitor in 1972.
01494 525941
Vanessa MayLegal Executive
Vanessa originally gained a position with the firm as a trainee Legal Executive back in 1979 after qualifying as an Associate of the Institute of Legal Executives before leaving to travel and work abroad for almost ten years. She returned to the UK and re-joined the firm in 2007. She qualified as a Chartered Legal Executive in January 2015 and was appointed as an Associate of the firm on 1 May 2015.
01494 525941
www.rpj.uk.com
01494 [email protected]
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