V. How Do I Make an LPA?

All About LPAs

A Step by Step Guide

All About LPAs

Disclaimer

This Step-by-Step Guide is for reference only.

Before making an LPA you should fully read and understand the official guide "LP12 Make and register your lasting power of attorney: a guide" on HM Government Website HERE.

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Step 1: Decide Which LPA(s)

The first step in making a Lasting Power of Attorney (LPA) is to decide which type, or types, you need: a Property & Financial Affairs LPA, a Health & Welfare LPA, or both.

It is often recommended to make both to ensure all aspects of your life are covered, but this is a personal choice.

Step 2: Choose Your Attorneys

Choosing your attorney or attorneys is one of the most important decisions you will make in this process.

Your attorney is the person you trust to make important decisions on your behalf. They must be over 18 and have the mental capacity to make their own decisions. If you are making a Property & Financial Affairs LPA, they must not be bankrupt or subject to a debt relief order (this does not apply to Health & Welfare LPAs). You can choose a family member, a close friend, or a professional such as a solicitor.

You can appoint one attorney or several. If you appoint more than one, you will need to decide how they will make decisions: either "jointly" (they must all agree) or "jointly and severally" (they can act independently).

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Step 3: Complete The Forms

Once you have decided which LPA you want and who your attorneys will be, you need to complete the official LPA forms. These forms are available from the Government here and can be completed online, or printed out and completed by hand.

There are two forms available, LP1F for a Property & Financial Affairs LPA and LP1H for a Health & Wellbeing LPA. The forms will ask for the names and addresses of you and your chosen attorneys.

On the forms you can include any specific instructions or preferences for your attorneys. For example, you can specify if you want them to be able to make decisions about life-sustaining treatment in a Health and Welfare LPA.

Step 4: Sign and Witness

After the forms are completed, they must be signed by you, your attorneys, and a certificate provider.

The certificate provider is an independent person who confirms that you understand the purpose of the LPA and are not being pressured into making it. They must be someone like a friend, neighbour or colleague who has known you personally for over two years; alternatively they can be a professional such as a lawyer or a doctor. There are certain restrictions on who can be a certificate provider, so be sure to read the guidance on the Government website.

The certificate provider will also normally act as a witness, though you could ask someone else to witness if you really wanted to. Certificate providers and witnesses must be over 18 years old.

The LPA forms must be signed in a particular order. It is important to follow the signing order set out in the forms to ensure the LPA is valid.

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Step 5: Register Your LPA

The final step is to register the LPA with the Office of the Public Guardian or OPG. The forms are not legally valid until they are registered.

You can post the completed and signed forms to the OPG, along with the correct fee. Once the OPG receives the forms, they will review them to ensure they have been completed correctly.

If everything is in order, they will register the LPA and send a stamped, official copy to you and your attorneys. It can take several weeks for the registration process to be completed.

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Important Considerations

Making an LPA is a significant legal step, and there are several important considerations to keep in mind. You should discuss your wishes and intentions with your chosen attorneys to ensure they are comfortable with the role and understand your preferences. It is also important to choose your attorneys wisely, as this is a role of great trust.

It is important to avoid errors when filling out and signing an LPA form, as these can lead to delays, rejection or legal problems down the line. Making errors is not uncommon, so the Government has issued guidance on how to avoid the most common mistakes.

While you can create an LPA yourself, you may wish to seek advice from an expert, especially if your financial or personal circumstances are complex. Taking the time to consider all these factors will ensure your LPA is robust and truly reflects your wishes.