Is your Lasting Power of Attorney ready to use if needed?
Having Lasting Power of Attorney (LPA) in place is vitally important when it comes to planning for the future.
Around 12%* of the UK population currently have LPA in place. But what is not often talked about is how to use LPA if and when the time comes.
In her latest article, Chartered Legal Executive Kat King discusses what needs to be done when you want to use your LPA.
How to get Lasting Power of Attorney
Before an Attorney (someone appointed to make decisions) can use LPA, a donor (the person whom the LPA concerns) must apply for it.
First, the donor needs to choose one or more people that they trust to appoint as Attorneys. LPA gives these Attorneys the power to make decisions that the donor
would want for their lifestyle, property and money if they are no longer able to make those decisions themselves.
Once the donor has decided on their Attorney or Attorneys, they need to appoint them by filling in certain forms. There are two ways to do this:
- Online: Make an LPA account on the UK government website, then follow the instructions. Be sure to print out the forms and sign them when finished.
- On paper: Download the forms from the UK government website and print them out. Then have them signed by the Attorneys, witnesses and a certificate provider such as a Mogers Drewett solicitor. Once the documents are signed, they must be sent to the Office of the Public Guardian (OPG) for registration.
It can take up to 20 weeks for OPG to register LPA. For support in correctly filling in and filing LPA forms online or on paper, or to have us act as the certificate provider, get in touch with us.
How do I prove I have Lasting Power of Attorney?
Once LPA has been created and registered with OPG, it will be ready for when the time comes. However, you as an Attorney will need to prove you have LPA in order to use it.
Proving LPA online
The OPG recently introduced a service called ‘Use a Lasting Power of Attorney’. This service is only available for LPAs registered on or after 17 July 2020.
This service allows donors or their Attorneys to create an account and lodge the LPAs online. A reference number for the LPA and an activation key are required to set this up. But the purpose of the service is to enable donors, Attorneys and relevant institutions to view a summary of the documents online.
The donor and the Attorneys can also keep track of who is being given access to the LPAs. Institutions will only be able to view the LPAs if they are provided with an access code.
Proving LPA on paper
If the LPA was made before the service went online, or the donor chose to use paper documents, you will have received an officially stamped paper copy from OPG. Simply presenting this to relevant parties, along with evidence of your identity, is enough to prove you have LPA.
How to get a duplicate copy of Lasting Power of Attorney
If the originals are destroyed or go missing, you can order a replacement LPA from the OPG. However, this is very time consuming, which can cause a number of issues if the LPAs are required immediately. The cost of certified copies of Lasting Power of Attorney from OPG is £35 per document.
What to do once I have Lasting Power of Attorney
Share it with relevant parties
Once you have your LPA in place, don’t just file it away. It is vital that you share the document with all relevant parties and institutions.
Banks, pension providers, investment companies, care homes and other organisations require sight of the original LPA document or a certified copy before they are able to take instructions from Attorneys.
Keep it somewhere safe
It is always best to keep the original LPAs somewhere safe. Your solicitor could hold the documents in their safe storage, or you may prefer to keep them at home if you have a safe or a strongbox.
Certify your Lasting Power of Attorney documents
It is always advisable to obtain certified copies of your LPA as in the majority of cases a certified copy is acceptable instead of the original document.
To certify your LPA either ask a solicitor to stamp and sign each page to confirm the copy is a true copy of the original or you as the donor can certify your own copies.
Please note that specific wording needs to be written on every, and the donor has to include their signatures as well. If this is not done correctly then the certified copies will not be valid.
What does a certified copy of Lasting Power of Attorney look like?
A certified copy of LPA has the following text at the bottom of every page:
I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.
On the final page is also written:
I certify this is a true and complete copy of lasting power of attorney. You or your solicitor will also need to have signed and dated every page.
Put your Lasting Power of Attorney in place
To put your LPA in place, or for advice on ensuring your LPA is ready to use when needed, speak to Kat today on 01749 342 323 or email
kat.king@mogersdrewett.com.