Lasting Power of Attorney
A Lasting Power of Attorney (previously known as an Enduring Power of Attorney) is a legal document that allows you to appoint one or more people you trust to help make decisions, or to make decisions on your behalf. They usually come into effect if you lose the ability to manage your affairs through an accident, or ill health, and where you are unable to make decisions yourself; or in the case of your financial matters, at a time which you decide.
By making a Lasting Power of Attorney now, you set out your wishes for the future, giving you more control over what happens to you and your affairs.
Important News
Registering your Lasting Power of Attorney could take at least 81-days, according to government MP.
What is causing the delays?
Tom Pursglove MP, Parliamentary Under Secretary of State (Ministry of Justice and Home Office) explained:
“The current average time to register a lasting power of attorney (LPA) is 81.8 days. The Office of the Public Guardian (OPG) target to register LPAs is 40 days. It should be noted that the OPG must carry out checks on receipt of the LPA before notices are issued, and then must observe a statutory waiting period of 4 weeks to allow for objections before the registration process can be completed. This statutory waiting period cannot be waived and is included in the calculation for the number of days to register an LPA. We know the delays are frustrating for customers and we are committed to reducing the time it is currently taking to register LPAs.”
Mr Pursglove further explained the change in the situation and detailed the OPG’s response:
“OPG staff are working day and night to tackle the Covid backlog. Frontline operational staff whose role requires them to be office-based have worked in the office throughout the pandemic and continue to do so. The OPG rapidly changed working practices and processes during the pandemic to continue to deliver their services. In 2020 to 2021, the OPG processed an average of 53,000 LPA applications per month despite the many restrictions in place. This rose to an average of 60,000 per month in the last financial year, reaching over 70,000 in March 2022. The OPG have also hired extra staff, which is having an impact, with the number of LPAs being registered each month back to what it was before the pandemic.”
The Importance of Planning Ahead
Without a Lasting Power of Attorney in place, if you lose the ability to make decisions for yourself, your family would need to apply to the Court of Protection to allow them to make decisions on your behalf. This can be a time-consuming and costly process.
Overview
Whether it’s using our digital services or by appointment with one of our professional advisers, we are on hand to help you; from writing your documents; to help and advice on signing your Lasting Power of Attorney; all the way to making sure your documents are stored securely.
Types
Choose which type of Lasting Power of Attorney you need
Attorneys
A look at what’s involved and the responsibilities of being an Attorney
Make & Update
Simplified process to make and update your Lasting Power of Attorney
Signing
Support and advice, signing and witnessing your Lasting Power of Attorney documents
Registration Fee
Office of the Public Guardian registration fee, exemptions and remissions
Storage
Secure storage of your Lasting Power of Attorney, and other important documents
Retrieval
Fast and efficient Lasting Power of Attorney retrieval process
Revoke
Advice on how to revoke an old Lasting or Enduring Power of Attorney
Guidance for Deputies
Guidance for appointed Deputies and loved ones where there isn’t a Lasting Power of Attorney in place
Lasting Power of Attorney
Before October 2007 you would have made what was then known in England and Wales as an Enduring Power of Attorney. After this date, the document changed to a Lasting Power of Attorney.
The old Enduring Power of Attorney only detailed legal and financial decisions to be made on your behalf. However, the new Lasting Power of Attorney documents are far more flexible and cover more aspects of your life.
Financial or Welfare
Choose to make one or both types of Lasting Power of Attorney.
Property and Financial Affairs
Allows you to appoint one or more people to make decisions, on your behalf, about your property and financial affairs.
This includes fulfilling important tasks such as;
- Managing bank and building society accounts
- Paying bills
- Writing cheques
- Transferring money
- Receiving salaries and pensions
- Arranging the upkeep of your property
- Arranging insurances
- Selling your home
A Property and Financial Affairs Lasting Power of Attorney can be used at a time when you have lost the ability to make your own decisions, as well as to make temporary decisions; e.g, if you were to travel outside of the country for a prolonged period; or long term decisions; if you have a disability which makes getting to the bank and paying bills difficult.
Health and Welfare
Allows you to appoint one or more people to make health and welfare decisions on your behalf.
Decisions regarding;
- Your medical care
- Refusing life-sustaining treatment
- Moving to a care home
- Your social care
- Your daily needs and routine;
- Eating
- Taking medications
- Bathing
- Dressing
A Health and Welfare Lasting Power of Attorney can only be used once you have lost the ability to make your own decisions.
Who are Attorneys and what do they do?
Having a Lasting Power of Attorney in place ensures that you choose the people you wish to manage your affairs should you be unable to do this for yourself. These people are appointed as your ‘Attorneys’.
Being an Attorney is an important role. You must make sure your Attorneys are aware of what is involved and ensure that they are happy to take on the responsibility before you appoint them.
The Duties of an Attorney
The main objective for your Attorney is always to act in your best interests. The Mental Capacity Act 2005 and its Code of Practice sets out Attorney responsibilities, which are:
- A duty of care when making a decision on your behalf
- To carry out any instructions that you have made in your Lasting Power of Attorney
- Not to benefit themselves, but to benefit you, meaning they should avoid any potential conflicts of interest and should not profit or benefit personally from their position
- A duty of good faith, meaning they should act honestly and with integrity
- Keeping your affairs confidential unless you have specifically stated otherwise
- If they are dealing with your money, to keep this separate from their own
- To keep accurate accounts and records of anything they have done as your Attorney
Decisions
Before making decisions for you, your Attorney must first be satisfied that you are unable to make them yourself. For example, it may be necessary to have assessments made about your capability by a relevant professional.
You must be confident your Attorney will attempt to make every decision with your best interests in mind and abide by your wishes even if they disagree with them. Your Attorney should consider the following when making decisions:
- Your past and recent views and wishes
- Your beliefs and values
- The possibility that you may regain capacity
- Your current circumstances
- Any guidance or restrictions written in your Lasting Power of Attorney
Making and Updating a Lasting Power of Attorney
As we have mentioned before, making a Lasting Power of Attorney is very important; keeping it up to date is just as important!
The process for making and updating the documents is similar (continue down the page for more information about revoking a Lasting Power of Attorney). Whether it’s the first time you have made a Lasting Power of Attorney or the third, we will go through each part with you step by step, giving you professional advice specific to your situation along the way.
Don’t forget, we are here to support you from start to finish.
How do I sign my Lasting Power Attorney documents?
The next step in making a Lasting Power of Attorney is signing it.
Coming Soon… Check back here for a detailed explanation of how to sign your documents.
In the meantime, our Customer Care Team are on hand via live chat, telephone and email to guide you through what to do.
Registration Fee
Exemptions and Remissions
Lasting Power of Attorney registration fees are payable to the OPG by the person seeking to register the documents. Where an application is made for a fee exemption or remission, it will be based on the Donor’s financial circumstances and not those of any other person applying to register, i.e. the Attorneys.
If you apply for an exemption or remission of the registration fee, then evidence to support the application will need to be sent along with the completed application form.
Exemptions
When applying for a registration fee exemption, you must enclose copies of recent letters (dated within the last three months) confirming receipt of the benefits below, such as letters from the Department of Work and Pensions or benefit provider.
You may be eligible for a fee exemption if you receive the following:
- A combination of Working Tax Credit and either Child Tax Credit, Disability Element Working Tax Credit or Severe Disability Element (within the Working Tax Credit). This does not include Disability Living Allowance, Invalidity Benefit or Personal Independence Payment
- Income Support
- Income-based Employment and Support Allowance
- Income-based Job-Seeker’s Allowance
- Pension Guarantee Credit element of State Pension Credit (you will not be eligible if this is calculated as nil)
- Housing Benefit; or Council Tax Benefit (not the 25% single person reduction)
- Local Housing Allowance
Remission
If you do not qualify for a fee exemption, you may be eligible for a fee remission. If your gross annual income is less than £12,000, or you receive Universal Credit, you will qualify for a 50% reduction of the fee. Gross annual income may come from employment, non-means-tested benefits (such as Attendance Allowance, Disability Living Allowance and Personal Independence Payment), pensions, Pension Savings Credit, rent from property and interest from savings and investments.
If applicable, you will need to include an official letter or entitlement notice from the appropriate benefit provider with your application.
Supporting Evidence
Your application must be accompanied by supporting evidence in the form of:
- Paid employment – Copy of wage slips from each job
- Self-employment – Most recent tax return (Self Assessment)
- State / Private / Occupational pensions – An official letter or entitlement notice from the appropriate pension payer
- Interest from capital, stocks, shares or bonds – Current statements or vouchers
- Any other income – You will be asked to provide current documentary evidence of any other income received, such as maintenance payments, rental income, etc.
It’s worth noting that any supporting evidence sent to the OPG must be dated within the last 3 months.
How do I apply for a fee exemption or remission?
To apply for a fee exemption or remission you should complete an ‘Application for a fee exemption or remission’ form and return it to us along with your signed and completed Lasting Power of Attorney documents, and supporting evidence.
If you are applying for an exemption, you do not need to send any fee with your documents. If the OPG decides that you are not eligible for an exemption, we will let you know, and you will be asked to make the full payment, directly to the OPG.
If you are applying for a remission, you will only need to send 50% of the application fee to us along with your documents. If the OPG decides that you do not qualify for a remission, we will let you know, and you will be asked to pay the total fee less any amount already paid.
Don’t forget; we are always on hand to help you with the additional forms and go through the application process with you in more detail.
If the appropriate evidence for an exemption or remission is not provided, your application will be refused by the OPG, and the full fee will be payable.
Storing Your Lasting Power of Attorney
If you store your Lasting Power of Attorney with us it is currently locked away in our, state of the art, secure document storage facility, protected from fire, theft and damage.
When the time comes, your Lasting Power of Attorney can be quickly retrieved and delivered directly, and securely, to the people you have expressly chosen, ensuring it is always safe.
However, if you currently store your Lasting Power of Attorney at home, or elsewhere, and would like to benefit from our facilities and store your Lasting Power of Attorney, or other important legal documents; simply contact us now, and we will explain your options and help you through the process.
Family and Friends Vault
Not only can you store your important documents with us, but as part of a unique storage service we have available, your family and friends can take advantage of our facilities as well*. Find out now if you qualify for this exclusive offer.
*Subject to status
How do I retrieve a Lasting Power of Attorney document?
How do I revoke my Lasting or Enduring Power of Attorney?
Revoking a Lasting or Enduring Power of Attorney means that you do not want your current documents to stand, so in effect, you are ‘cancelling’ it. There may be several reasons for this – you have updated your wishes, your marital status has changed, or you simply do not want your current documents to take effect.
To revoke your documents you may need to fill out official forms and/or declare the changes to the OPG. For more advice on your current situation, contact us, and we will go through what you need to do next.
How much help do I need?
Not sure where to start? Complete our simple questionnaire. It only takes a few minutes and is designed to help you decide how much professional help you need to make a Lasting Power of Attorney; whether it’s online, via the telephone or face to face.
*You will be directed to the How Much Help website to complete the questionnaires
Get in Touch
Have a question? Need some help? We are happy to go through any queries you may have. Call, email or CHAT with us LIVE online using the link in the bottom right of the screen for an instant response.
