Whereas the old EPA system had a short document that had to be signed by the Donor and the Attorney and then witnessed, the new LPA system has two sets of 20-page documents, one for property and financial affairs and one for personal welfare decisions.
Who signs an LPA?
The following people must sign the LPA:
- The Donor - this is the person who is appointing other people to make decisions and act on their behalf
- The attorney(s) - this is the person/people who the donor appoints to make decisions and act on their behalf
- Witnesses - the signatures need to be witnessed by a person who is not an attorney or replacement attorney.
- Certificate provider - this can be either:
- Someone who has known the donor personally for at least 2 years, such as a friend, neighbour, college or former colleague
- Someone with relevant professional skills, such as the donor’s GP, a healthcare professional or a solicitor
Who can be appointed as an Attorney in an LPA?
Anyone can be appointed to the role of Attorney as long as they are over 18 and are not bankrupt. It is recommended that the persons you appoint are persons you trust implicitly. The forms need to be filled in and signed by all the relevant parties. It is most important that everyone signs in the correct date order, otherwise the document could be rejected when an application for registration is made.
Registration with the Office of the Public Guardian currently costs £82 per form, though some people, including those on means tested benefits and earning less than a certain amount each year, may be entitled to a fee exemption or fee remissions. The laws regarding LPA’s are only applicable to England and Wales, though Scotland has similar provisions. Northern Ireland has kept the Enduring Powers of Attorney and doesn’t intend to replace it.
Does an LPA have to be registered?
The completed Lasting Power of Attorney document has to be posted to the Office of Public Guardian (OPG). Once the LPA is registered, the registered LPA will be sent back.
When should you expect your LPA to be registered?
You should expect your LPA to be registered in approximately 8 weeks.
Due to the current social restrictions caused by the Pandemic we have adapted our Will and LPA service to make them more accessible. We are now providing the service over Zoom and Skype. For those unable to use Zoom/Skype we are also offering the service over the telephone.
For help and guidance in setting up and registering your LPA contact our team on wills@winstonsolicitors.co.uk or call us on 0113 320 5000.
In theory, you could have as many as you like but in practice, you would not normally have more than 4. If you appoint more than one, you do have to say whether they are to act: A. Jointly – meaning that any decisions must be taken by all attorneys together. B. Jointly & Severally – meaning that: each attorney can make a decision independently of the other. If it is joint and several the Lasting Powers of Attorney will not end if an attorney can no longer act but it would do normally if the attorneys have to act jointly.