How do I make a Lasting Power of Attorney?
First of all, there are a few things you need to know about lasting a power of attorney (LPA). The term itself refers to the legal document that allows you to appoint people to make decisions on your behalf. It is a document completely separate from your will, but many people choose to make them at the same time.
Why might I need one?
While you may hope to never be in the situation where you need a power of attorney, it’s always better to be prepared.
Essentially, if you lose the mental capacity to make your own decisions, your attorneys will do so for you. A few important things to note are that your attorneys must be people who you trust, as they will be making decisions about your finances and your health. It is entirely your choice who you choose.
A lasting power of attorney will come into effect the moment it is needed. It gives you and your family peace of mind that someone will be looking after you and making decisions in your best interests.
How do I make one?
You can make one online via the government website, but many people chose to use a solicitor due to the intimate nature of the decisions. Regardless of where you choose to make one, you must have other people sign the forms, including the chosen attorneys, witnesses and the certificate provider. You must ensure that everyone signs the same original document, not copies.
Your witnesses must be aged 18 and over. Your chosen attorneys can witness each other, but they must not witness you signing the forms, and they cannot sign as the certificate provider. As the appointer of your attorneys, you cannot be a witness.
In order to make an LPA, you must prove your mental capacity, which essentially means you are able to make these decisions for yourself. You must fully understand the document and feel confident and comfortable in your decisions.
In order for your LPA to be valid, you must register it with the Office of the Public Guardian. It can take up to 20 weeks to register, providing there are no mistakes in the application. Before registering, you will need to send a form to all the ‘people to notify’, who are the people you listed in the LPA.
You are able to change your LPA, as well as remove an attorney, providing it’s been registered and you have the mental capacity to make that decision. If you want to add a new attorney, you’ll need to end your current LPA and make a new one.
You must alert the Office of the Public Guardian if any of your attorney’s details change (for example their name or address), and you must also let them know if one of your attorneys passes away.
This process can seem overwhelming, which is why we’re here to help. If you have any questions about any of the above, or need some assistance in starting your LPA, get in touch with one of our experienced solicitors today.