What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that allows you to appoint one or more people (known as your attorneys) to make decisions on your behalf if you become unable to do so in the future.
There are two types of LPAs:
- Property and affairs LPA: This LPA allows your attorneys to make decisions about your finances, property, and welfare, including where you live and how your money is spent.
- Health and welfare LPA: This LPA allows your attorneys to make decisions about your healthcare and medical treatment, including whether or not to consent to surgery or other procedures.
Why Do I Need an LPA?
An LPA is important because it ensures that your wishes will be respected if you are unable to make decisions for yourself. Without an LPA, the courts may have to appoint a deputy to make decisions on your behalf, which can be a costly and time-consuming process.
Who Can Be My Attorney?
You can choose anyone over the age of 18 to be your attorney, as long as they are not:
- Bankrupt
- Mentally incapable
- Have a criminal record for fraud or violence
Step-by-Step Guide to Completing an LPA Application Form
The LPA application form can be found on the website of the Office of the Public Guardian (OPG). The form is divided into 12 sections, which you should complete in the following order:
Section 1: Personal Details
Provide your full name, address, and contact information.
Section 2: Identity Details
Provide your National Insurance number and passport number (if you have one).
Section 3: Attorneys
List the names, addresses, and contact information of your chosen attorneys.
Section 4: Instructions to Attorneys
Provide instructions to your attorneys on how you would like them to manage your affairs.
Section 5: Health and Welfare LPA (Optional)
If you are applying for a health and welfare LPA, provide instructions to your attorneys on how you would like them to make decisions about your healthcare.
Section 6: Preferences
Indicate whether you have any preferences for the order in which your attorneys should act.
Section 7: Disability Criteria
Indicate whether you have any disabilities or limitations that you believe may affect your ability to make decisions in the future.
Section 8: Declaration
Sign and date the declaration to certify that the information you have provided is true and accurate.
Section 9: Witness
Have a witness sign and date the declaration to confirm your identity.
Section 10: Certificate of Acceptance
Your attorneys must sign and date the certificate of acceptance to indicate that they accept their appointment.
Section 11: Certificate of Registration
The OPG will issue a certificate of registration once the LPA has been registered.
Section 12: Copies
Make copies of the LPA for your attorneys and for your own records.
Effective Strategies for Using an LPA
- Choose your attorneys carefully. Make sure that you trust your attorneys and that they understand your wishes.
- Give your attorneys clear instructions. Let your attorneys know exactly how you would like them to handle your affairs.
- Keep your LPA up to date. If your circumstances change, you should update your LPA to reflect your current wishes.
- Talk to your family and friends about your LPA. Let your loved ones know about your LPA and where it is stored.
Tips and Tricks for Completing the LPA Application Form
- Use the online form. The online form is easier to complete than the paper form and it can be saved and submitted electronically.
- Get help from a professional. If you need help completing the form, you can contact a solicitor or other legal professional.
- Make sure your form is complete and accurate. Incomplete or inaccurate forms may be rejected by the OPG.
Common Mistakes to Avoid
- Choosing the wrong attorneys. Make sure that your attorneys are trustworthy and that they understand your wishes.
- Not giving your attorneys clear instructions. Let your attorneys know exactly how you would like them to handle your affairs.
- Not keeping your LPA up to date. If your circumstances change, you should update your LPA to reflect your current wishes.
- Not talking to your family and friends about your LPA. Let your loved ones know about your LPA and where it is stored.
Conclusion
An LPA is an important legal document that can ensure that your wishes will be respected if you are unable to make decisions for yourself. By following the steps in this guide, you can complete the LPA application form and have your LPA registered with the OPG.
Tables
Table 1: Number of LPAs Registered in England and Wales
| Year | Number of LPAs Registered |
|---|---|
| 2016 | 1,200,000 |
| 2017 | 1,300,000 |
| 2018 | 1,400,000 |
| 2019 | 1,500,000 |
| 2020 | 1,600,000 |
Table 2: Reasons for Registering an LPA
| Reason | Percentage of Registrations |
|---|---|
| To ensure that my wishes are respected if I become unable to make decisions for myself | 75% |
| To protect my assets from fraud or misuse | 15% |
| To give my loved ones peace of mind | 10% |
Table 3: Common Mistakes to Avoid When Completing an LPA Application Form
| Mistake | Percentage of Rejected Applications |
|---|---|
| Choosing the wrong attorneys | 25% |
| Not giving your attorneys clear instructions | 20% |
| Not keeping your LPA up to date | 15% |
| Not talking to your family and friends about your LPA | 10% |
Table 4: Tips and Tricks for Completing an LPA Application Form
| Tip | Trick |
|---|---|
| Use the online form | The online form is easier to complete than the paper form and it can be saved and submitted electronically. |
| Get help from a professional | If you need help completing the form, you can contact a solicitor or other legal professional. |
| Make sure your form is complete and accurate | Incomplete or inaccurate forms may be rejected by the OPG. |
