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) - the people who the donor appoints to make decisions and act on their behalf
- Witnesses - the signatures of the donor and the attorney(s) need to be witnessed
- The Certificate Provider - this can be:
- Someone who has known the donor personally for at least 2 years, such as a friend, neighbour or 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. You must trust your attorney(s) implicitly.
How much does registration cost?
Anyone can be appointed to the role of attorney as long as they are over 18 and are not bankrupt. You must trust your attorney(s) implicitly.
Does an LPA have to be registered?
Yes, an LPA has to be registered with the Office of the Public Guardian in order to be used.
When should you expect your LPA to be registered?
LPAs are currently taking 20 weeks to be registered with the Office of the Public Guardian (but times vary).
How many attorneys can I have?
In theory, you could have as many as you like but in practice, we would recommend one to four. If you appoint more than one attorney, you have to say how they will act – jointly (all the attorneys have to make all the decisions together) or jointly and severally (the attorneys can make the decisions together or separately). If you select jointly and one of the attorneys was no longer able to act, the LPA would be void.
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 four. If you appoint more than one, you do have to say how they are to act: jointly – meaning that any decisions must be taken by all attorneys together; or jointly and 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 if joint, if an attorney can no longer act, the LPA ends.