Everyone should have a Lasting Power of Attorney (LPA) set up in case they lose the ability to manage their own affairs in the future. Here are some key facts:
There are 2 types of LPA – one for Finance and Property, one for Health and Care
You can set them up with a solicitor or you can set them up by ordering them from the Office of the Public Guardian: 0300 456 0300 OR following this link: Make, register or end a lasting power of attorney: Overview – GOV.UK (www.gov.uk)
If you are not using a solicitor you need someone to witness the donor’s mental capacity. The donor is the person choosing their attorney/s. This ‘witness’ is known as the Certificate Provider. They must be over 18, have known the donor for more than 2 years and cannot be a close family member.
There are different ways of setting up your LPA forms but the guidance which accompanies the forms outlines the implications of the choices the donor might make.
The forms must be registered to be used. It costs £82 per form but people on benefits may apply for a discount. Technically the donor should pay for registration but sometimes the attorney/s pay the fees for ease.
What do people contact us about at Pathways?
- What if it’s too late for LPA? If the donor cannot understand what the forms are about then someone could apply to be their Deputy: Deputies: make decisions for someone who lacks capacity: Overview – GOV.UK (www.gov.uk)
- What if you want more than one attorney? Not a problem, you can have up to 6 attorneys
- Does the Health and Care form cover end of life decisions? It can if that’s how the donor has worded their wishes
- What is the advantage of having the Health and Care LPA? If you are appointed attorney for Health and Care you ought to have access to care plans and medical records when the donor has lost capacity to make health decisions for themselves
- Are there any other financial options in terms of managing someone’s money if they are struggling? You can apply to become an Appointee for someone with dementia which allows you access to benefits and pensions only: Become an appointee for someone claiming benefits – GOV.UK (www.gov.uk)
If you want to watch our 12 minute video, which walks you through the forms, click here and enter the password Pathways1
I filled 2 in and paid for them then one got sent back because the witness didn’t sign section 5, why can it not be resubmitted without having to pay again
Hi Kathleen, in my experience the OPG does sometimes overlook mistakes and allow people to re submit forms, but their rules state that they can ask people to pay again if there is a problem with the forms, I am so sorry! I think that they will do this to try and prevent people making mistakes but with section 5 that is the page where many mistakes are made unfortunately and you have encountered someone at the OPG who is applying the rules to the letter.