1. Lasting Power Of Attorney Forms Uk

Lasting power of attorney. The LPA allows them to make appropriate arrangements for family members or trusted friends to be authorised to make decisions on their behalf. The LPA is created and registered with the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice of the United Kingdom. More information on lasting powers of attorney. A lasting power of attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself. There are two types of LPA.

Putting in place a power of attorney can give you peace of mind that someone you trust is in charge of your affairs.

If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called 'lasting power of attorney'.

The person who is given power of attorney is known as the 'attorney' and must be over 18 years old. You are known as the 'donor'.

Appointing attorneys

You can appoint just one attorney, or more than one attorney, to act:

• 'jointly' – they must always make decisions together
• 'jointly and severally' – they have to make some decisions together and some individually

For example, you can appoint attorneys to act jointly when making decisions over your money, but state that only one attorney should decide where you should live.

You have the right to say the attorneys must act jointly on all your affairs.

Types of power of attorney

Aronson social psychology 10 edition. There are 2 different types of power of attorney: lasting power of attorney (LPA) and enduring power of attorney (EPA).

LPAs came into force in October 2007. Before that, people made EPAs. It's no longer possible to make an EPA, but an EPA made before October 2007 remains valid.

Lasting Power of Attorney (LPA)

This includes:

• personal welfare LPA
• property and financial affairs LPA

Personal welfare LPA

Personal welfare LPA gives your attorney the power to make decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home and life-sustaining medical treatment. It can only be used if you're unable to make your own decisions.

Property and financial LPA

Property and financial affairs LPA gives your attorney the power to make decisions about your money and property, including managing your bank or building society accounts, paying bills, collecting your pension or benefits and, if necessary, selling your home.

Once registered with the Office of the Public Guardian, it can be used immediately or held in readiness until required.

Enduring Power of Attorney (EPA)

An EPA deals only with property and financial affairs, not with personal welfare issues.

Applying for power of attorney

It's generally recommended that you set up both a personal welfare LPA and a property and financial affairs LPA at the same time.

Many people do this while reviewing or revising their will, and you may be able to use the same solicitor.

You can apply online for power of attorney on GOV.UK.

Alternatively, contact the Office of the Public Guardian for an application pack:

• by post at the Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
• by phone on 0300 456 0300 – lines are open Monday to Friday, 9am to 5pm (Wednesday, 10am to 5pm)

Talk to a lawyer if you have problems answering any of the questions or if you want them to check what you have done.

You can call the Office of the Public Guardian or the Court of Protection first to see if they can help on 0300 456 0300.

Legal aid may be available for personal welfare LPA issues, but not for property and financial LPAs.

The Law Society will be able to tell you which solicitors offer legal aid. You'll only be eligible for legal aid if you pass a means test.

Contact the Law Society by writing to them at 100-113 Chancery Lane, London WC2A 1PL, or call 020 7242 1222.

You can also search for solicitors who specialise in this area on the Law Society online directory.

Registering the power of attorney

A power of attorney has to be registered before it comes into force. You can register a power of attorney on GOV.UK.

Either the person making the application for power of attorney (the donor) or the person who will have power of attorney (the attorney) can apply to register the application.

There is a 6-week notice period for any objections to be raised.

Once the power of attorney has been registered, the original document is returned to the applicant.

The Office of the Public Guardian also gives notice to the donor that the LPA has been registered.

Cancelling power of attorney

You can cancel your lasting power of attorney at any time, even if the application has been registered.

But you must have the mental capacity to make that decision, and you must tell your attorneys and the Office of the Public Guardian so they can remove the LPA from the register.

Power of attorney automatically ends if:

• the attorney or donor dies
• the attorney or donor becomes bankrupt (depending on circumstances outlined below)
• a marriage or civil partnership between the donor and the attorney is dissolved or annulled
• the attorneys lack the mental capacity to make decisions

The Court of Protection can cancel an LPA if an attorney isn't acting in a person's best interests and is making excessive 'gifts' to themselves or others.

Cancelling enduring power of attorney (EPA)

To cancel an unregistered EPA, you'll need to sign a formal document called a Deed of Revocation. You may wish to seek legal advice first.

You can cancel an unregistered EPA at any time while you have the mental capacity to do so.

If the EPA has been registered, you can't cancel it except by permission of the Court of Protection.

Advice for attorneys: personal welfare

Having an LPA over someone's personal welfare may mean you need to make decisions about the healthcare and welfare of the person you're looking after.

If you have this power, you may have to decide:

• where the person is to live
• whether a care home or a nursing home is best for them, and which one
• whether the person can continue to live at home with help from social services

You'll be able to decide if the donor should:

• receive healthcare treatment
• not receive a particular healthcare treatment
• stop receiving a particular healthcare treatment

Some people who have a progressive illness sometimes make a decision about whether they'd want a particular treatment in the future.

They write down or tell others these wishes while they're mentally well, or have 'mental capacity'.

If the donor made a decision to refuse future medical treatment (known as an advance decision) in advance of losing their mental capacity, you can't override their decision unless the LPA was made later and specifies that you have the power to do so.

What personal welfare power of attorney can't do

A health and welfare LPA doesn't come into force until the donor has lost the capacity to make decisions for themselves.

There are some decisions you as an attorney can't make for another person.

You can't:

• refuse any medication prescribed by a responsible clinician if the person has been sectioned or is on leave from hospital
• make decisions about where they should live if the donor is under a guardianship order
• make a decision about life-sustaining treatment without checking whether the person has made an advance decision about this

Personal welfare power of attorney and restraint

If you have personal welfare LPA, you may sometimes consider 'restraining' (stopping or hindering) the person you're looking after from doing something you think will harm them or others.

Under the law, you're considered to be restraining someone if you:

• physically force them to do, or stop doing, something
• threaten to physically force them to do, or stop doing, something
• prevent them going somewhere or doing something they want to
• ask someone else to do any of the things listed above

You shouldn't restrain the person unless:

• you believe they don't have the mental ability or capacity to make a decision about that particular issue
• you believe it's necessary to use restraint to prevent them harming themselves
• it's a reasonable action to take because you believe they may suffer serious harm – for example, you could physically stop someone crossing the road if they were walking into traffic when it's safe for them to cross the road

Advice for attorneys: property and financial affairs

If you have lasting power of attorney over property and financial affairs, you're allowed to make decisions on the donor's behalf.

These include:

• writing cheques and paying bills
• selling or renting property
• carrying out their trade or business
• honouring any contractual obligations
• conducting legal proceedings on their behalf

You're also allowed to make gifts on behalf of the donor in certain circumstances.

For example:

• on occasions such as birthdays or marriages to those related to or connected with the donor
• to a charity the donor has supported in the past

Acting as an attorney means you should maintain a duty of care to the donor, not to benefit yourself. It's important to avoid any potential conflicts of interest.

Specifically, you must keep the donor's money and property separate from your own, and keep accurate accounts in all of your dealings as an attorney.

Find out more about power of attorney on GOV.UK.

Lasting powers of attorney (LPAs) in English law were created under the Mental Capacity Act 2005, and came into effect on 1 October 2007. The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. Their purpose is to meet the needs of those who can see a time when they will not be able – in the words of the Act, will lack capacity – to look after their own personal, financial or business affairs. The LPA allows them to make appropriate arrangements for family members or trusted friends to be authorised to make decisions on their behalf. The LPA is created and registered with the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice of the United Kingdom.

• 3Administrative and legal background

Purpose[edit]

The LPA is a specific form of the more general power of attorney which is widely used in countries which have a common law system. The word attorney in this context is someone (or in some circumstances an organisation such as a company) legally appointed or empowered to act for another person. The person giving the power is known as the donor. The word 'lasting' in the context of an LPA means that the power may continue even if the person (though still alive) no longer has capacity to exercise the power. The Lasting Power of Attorney can be applied for online.^[1] The gov.uk tool offers guidance throughout the process, and prevents the user from making mistakes that may invalidate their LPA application.

The former EPA was simple to administer, but failed to provide for some decisions which may have to be made in circumstances that preclude their being made by the person principally affected. In particular, the attorney's powers under the EPA were largely defined in terms of money and property, and were not related to decisions on medical matters such as the continuation or otherwise of life-sustaining treatment, or welfare matters such as a move to a different kind of accommodation. The primary purpose of the changes under Mental Capacity Act 2005 (MCA 2005) was to rectify this omission, by creating two LPAs: one for property and financial affairs (the LPA(PFA)) and one for Health and Welfare (the LPA(H&W)).

Business Lasting Power of Attorney[edit]

While the LPA is primarily designed to deal with personal affairs and finances, business owners or directors are faced with more complex considerations. While a close friend or family member may be suitable for managing personal affairs in times of incapacity, businesses may require subject matter experts and depending on the business structure, there are certain governance requirements. Therefore, the Business Lasting Power of Attorney (BLPA) is a separate arrangement that is similar in function to the LPA. Business owners arranging a LPA and BLPA can therefore split between personal and business affairs.^[2][3]

Administrative and legal background[edit]

The LPA system is administered by the Office of the Public Guardian (OPG), an agency of the Ministry of Justice of the United Kingdom. Its contact details are explained in section 2.2 below headed 'The role of the OPG in relation to Lasting Powers of Attorney'. The OPG was set up in 2007 under the MCA 2005, replacing the similarly-named Public Guardianship Office which had a more limited range of responsibilities. It is headed by the Public Guardian, whose main role is the protection of people who lack mental capacity.

The MCA 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes clear who can take decisions on their behalf, in which situations, and how they should do so. Through the LPA, the Act enables people to plan ahead for a time when they may lose capacity. Detailed guidance is provided by a Code of Practice to the MCA 2005^[4] to the Act, which people working as professionals in this field are required to 'have regard to': that is, to observe, unless (having decided in specific circumstances not to do so) they are prepared to explain afterwards – most probably in a post-incident inquiry – why not.

Where there are suspicions that an attorney might not be acting in the best interests of the donor, the OPG will arrange an investigation. If the OPG decides that formal action is required, and more generally if any disputes arise on subjects covered by the MCA, the matter is referred to the Court of Protection (CoP), which is part of the Family Division of the High Court and was set up under the MCA for this purpose. The role of the CoP in decision-making is complementary to that of the OPG in relation to matters of regulation and supervision.

The 'five principles'[edit]

The guiding principles of the MCA 2005^[5] are set out in five principles which indicate how the term 'capacity' (implying in this context mental capacity) is to be interpreted:

1. A person must be assumed to have capacity unless it is established that he lacks capacity.
2. A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
3. A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

The test so defined is 'decision-specific'. It can indicate an answer to the question 'Can he any longer use a gas ring safely when unsupervised?', but does not allow for wider questions to be given a firm yes/no answer when the real answer is that he has restricted capacity and so can deal with some aspects but not others. As stated in an official summary of the Act,^[6] it is 'a single clear test for assessing whether a person lacks capacity to take a particular decision at a particular time'.

The role of the OPG in relation to lasting powers of attorney[edit]

From the point of view of someone who needs (or may potentially need) one or both LPAs, the Office of the Public Guardian is one of the first points of contact.

To apply for a Lasting Power of Attorney, the donor has to fill in the application forms giving details for themselves, the attorneys and another person known as the certificate provider to witness that the decision has been made with the donor's understanding and agreement. An LPA cannot be created once the donor has lost capacity.

There are two ways to create a Lasting Power of Attorney.

• The person wishing to apply for an LPA can use the online LPA tool.^[7]

• This asks the user straightforward questions and then automatically produces a completed LPA form. This is then printed and signed in the correct order. The LPA tool also offers detailed instructions, describes the roles and responsibilities of each person involved, and offers assistance with signing and registration of the LPA.

• The forms can also be downloaded, printed out and filled in by hand.

• They must then be signed in the correct order. No instructions are included with the forms, so it is recommended that you read the information available online before filling them in.

The two key booklets available to give information on the LPA are entitled 'Guidance for people who want to make a lasting power of attorney for…', respectively, 'Property and Financial Affairs' and 'Health and Welfare'. These booklets provide all the information required about the legal aspects of the LPA application procedure, and many but not all of the practical aspects as well; they are the source for the great majority of the material which follows here.

The booklets can be obtained in several ways:

• on line in pdf format^[8] or
• in printed form and free of charge, by request either

• on line^[9] or

• by post from The Office of the Public Guardian

Most users, particularly when completing an application form without previous experience of LPAs, will find the printed format an advantage.

As well as obtaining copies of the forms in these ways, copies may be downloaded or requested of other booklets and the corresponding application forms, such as those relating to registration and the payment of fees. Full information is on the appropriate website; first-time users will find it most convenient either to download or request by post a full set, covering everything needed for each LPA.

Lasting Power Of Attorney Forms Uk

The OPG does not have its own website, but uses part of the main UK Government information site.^[10]

A fee is payable at the time of registration: it is currently £82, or £164 from April 2017 for both LPAs, but exemption or reduction is allowed in defined cases.^[11]

An LPA is not only a legal document: it is a plan of action, to be put into effect in an ordinary family situation which may have its share of stresses and problems. Any such matters will affect the outcome, and so need to be taken into account in the drafting of the application. The primary source of help and advice for this process is the appropriate OPG booklet.

Using the lasting power of attorney[edit]

Once the donor has created a lasting power of attorney and it has been registered with the Office of the Public Guardian, the attorneys specified can in theory act on behalf of the donor, for example, paying the donor's bills, managing investments, and so on. However, in practice, this can prove much harder than it may sound.

The powers granted by the property and financial affairs LPA require the relevant institution (for example, the bank or insurance company) to accept the power of attorney and allow the attorney to act. Many institutions, whilst in theory accepting the power, make it extremely difficult to put in practice. Many claim that this is to protect the donor or to comply with money laundering regulations, but whatever the reasons, it can make the whole process very challenging and stressful, especially if the donor themselves is by this time unable to support the process, for example, from failing mental capacity.^{[citation needed]}

Ways in which institutions can obstruct the process include:

• requiring identity verification of the donor (which is not required in law and may in practice be very difficult if utility bills have already been redirected to the attorney's address and the donor is now mentally or physically frail)
• by insisting on seeing the sole original copy of the power of attorney, rather than accepting a certified copy
• questioning the identity of the attorney and requiring substantial proofs via certified copies of documents such as passports, even where the address of the attorney remains as stated on the LPA

Even once the authority of the attorney is accepted by the institution, they may choose to limit what the donor can do, for example by:

• not supporting a full range of services, such as internet banking and telephone banking, or refusing to issue cheque books or debit cards to attorneys
• continuing to send correspondence to the donor's address instead of the attorney's
• refusing to accept the attorney's instructions without the confirmation of the donor

The only recourse in these cases is to complain first to the institution in question, and if this fails to the Financial Ombudsman Service.

Both the Guardian^[12] and the Telegraph^[13] have reported on these challenges.

Notes[edit]

1. ^https://www.gov.uk/power-of-attorney/make-lasting-power
2. ^'Business lasting power of attorney'. www.thegazette.co.uk. Retrieved 2017-08-26.
3. ^Ward, Craig (2011). Lasting Powers of Attorney: A Practical Guide. The Law Society. ISBN978-1853286025.
4. ^Code of Practice to MCA 2005, published by the Ministry of Justice:[1]
5. ^Mental Capacity Act 2005 section 1: The guiding principles
6. ^Mental Capacity Act 2005: summary by the Department of Health
7. ^https://www.gov.uk/power-of-attorney/make-lasting-power
8. ^http://www.justice.gov.uk/forms/opg/lasting-power-of-attorney
9. ^http://www.justice.gov.uk/forms/opg/request-lasting-power-of-attorney-forms
10. ^Government website for OPG information
11. ^Gov.uk: Make a lasting power of attorney
12. ^https://www.theguardian.com/money/2013/jun/09/carers-lasting-power-attorney
13. ^https://www.telegraph.co.uk/finance/personalfinance/8305337/Power-of-attorney-chaos-hits-elderly.html