How to register a LPA

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 system has two sets of 25-page documents, one for property and financial affairs and one for personal welfare decisions. These require the Donor and Attorney to sign and also require the signature of a “Certificate Provider”.  This could either be a professional such as a doctor or lawyer, or an independent person who has known the Donor for at least two years. This person has to certify that the Donor has not been placed under undue pressure to make the LPA and they understand the significance of it.

There are additional factors to ensure safety for those making an LPA in that, apart from having to be registered with the Office of the Public Guardian and having to provide a “Certificate Provider”, the Donor can also choose who is informed about their LPA. There is a requirement for the Attorney or Attorneys to follow the Code of Practice of the Mental Capacity Act 2005 and act in the best interests of the Donor.

Anyone can be appointed to the role of Attorney as long as they are over 18 and are not bankrupt. Forms need to be filled in and signed by all the relevant parties and there should be a list of one or more people to be notified of the application.

Registration with the Office of the Public Guardian currently costs £110 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.

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.

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