Taking control of your decisions
We are often asked for guidance by customers who want to make sure that someone they trust is able to make decisions on their behalf if they’re unable to.
This is straightforward to put in place but we know it can seem daunting, so in this feature we’ll cover what you need to know.
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An LPA can help prevent delays in arranging healthcare or accessing your money
A ‘lasting power of attorney’ (LPA) is a legal document that allows one or more people you choose to make decisions for you, or to help you make them. It could be used if you fall ill or have an accident and are not able to make decisions yourself. Having an LPA in place can help prevent delays in arranging healthcare or accessing your money. The person or people you choose are called ‘attorneys’.
Which LPA?
There are two types of LPAs - you might decide you just want one of these, or that you’d like both in place. A health and welfare LPA gives your attorney(s) the power to make decisions about your medical care and life-sustaining treatment, for example. This LPA can only be used if you’re unable to make these decisions yourself.
A property and financial affairs LPA gives your attorney(s) the power to make decisions including managing your bank account or selling your home on your behalf. This LPA can be used as soon as it’s registered (with your permission).
You can apply for an LPA through the government website (legally binding in England and in Wales).
Your attorney could be a relative, a friend or a professional, such as a solicitor, and should be someone you can trust. If you choose more than one person, you need to decide if they need to all agree on a decision or can make decisions on their own. You can find more guidance on choosing an attorney here.
Making an LPA
You can do this online or download and print the forms out here.
However you apply, you’ll need to print a copy that will be signed by you, your attorney(s), witness(es) and a certificate provider who confirms you understand what you are doing and it is your choice to make the LPA. Everyone must sign the same original document. Witnesses and certificate providers must be 18 or over. A certificate provider can also act as a witness.
Notify people
In the form, there’s a section where you can list people you want to inform that you’ve created an LPA. Before you register the LPA, you need to send a ‘form to notify people’ (LP3) to those people. If you’ve created your LPA online, it will create and fill in the forms for you. However, this is optional and you can choose not to notify anyone when the LPA is registered.
Register your LPA
You can then register your signed LPA with the Office of the Public Guardian by post. The registration can take 8-10 weeks. Your attorney can register it for you – you’ll be told if they do this. You can find the address here and on your form.
It costs £92 to register an LPA and £184 if you’re registering for both types. You can pay online by debit or credit card, or by cheque payable to ‘Office of the Public Guardian’ (write your name on the back) which you can send back with the form. You may be eligible to pay a reduced fee, depending on your income, find out more here.
You can find more information about each step here.
- How to certify copies of your LPA to give to your attorney(s)
- How to report a change, for example if an attorney dies
- How to remove an attorney
- How to end your LPA.
Unsure you need an LPA, or have any questions?
Contact: Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300.