Lasting Power of Attorney

A power of attorney is a document which allows another person (the attorney) to make decisions on your behalf in certain circumstances. The Lasting Power of Attorney (LPA) was introduced by the Mental Capacity Act 2005. The main difference between it and the old Enduring Power of Attorney is that an LPA can cover welfare decisions, in addition to decisions relating to property and affairs.

Forms and guidance

The following are available from the Office of the Public Guardian website:

Lasting Power of Attorney creation - property and affairs

• LPA PA - Property and affairs Lasting Power of Attorney form (the instrument)
• LPA PA notes - Notes for completing a property and affairs LPA form (instrument)
• LPA103 - Lasting Powers of Attorney - A guide for people who want to make a property and affairs Lasting Power of Attorney
• LPA105 - Lasting Powers of Attorney - A guide for people taking on the role of property and affairs Attorney under a Lasting Power of Attorney

Lasting Power of Attorney creation - personal welfare

• LPA PW - Personal welfare Lasting Power of Attorney form (the instrument)
• LPA PW notes - Notes for completing a personal welfare LPA form (instrument)
• LPA102 - Lasting Powers of Attorney - A guide for people who want to make a personal welfare Lasting Power of Attorney
• LPA104 - Lasting Powers of Attorney - A guide for people taking on the role of personal welfare Attorney under a Lasting Power of Attorney

Lasting Power of Attorney registration

• LPA001 - Notice of intention to apply for registration of a Lasting Power of Attorney
• LPA002 - Application to register a Lasting Power of Attorney (either personal welfare or property and affairs)
• LPA002 notes - Guidance notes for completing the application to register form LPA002
• LPA005 - Disclaimer by a proposed or acting Attorney under a Lasting Power of Attorney
• LPA006 - Objection by the Donor to the registration of a Lasting Power of Attorney
• LPA007 - Objection to the Office of the Public Guardian of a proposed registration of a Lasting Power of Attorney on factual grounds
• LPA108 - Notice to the Office of the Public Guardian of an application to object to registration of a Lasting Power of Attorney made to the Court of Protection

Lasting Power of Attorney - general

• LPA107 - Lasting Power of Attorney - A guide for Certificate providers and Witnesses
• OPG503 - Office of the Public Guardian and Court of Protection - Service standards
• OPG506 - Court of Protection and Office of the Public Guardian fees, remission and exemption guidance

This provides information on the current fees, who is responsible for paying them and how, if appropriate, someone can apply for an exemption or remission.

• OPG506A - Application for a fee exemption or remission

This form is used to apply for a fee exemption or remission and should be downloaded with the Court of Protection and Office of the Public Guardian fees, exemptions and remissions booklet (OPG506).

Lasting Power of Attorney guidance

• LPA102 - Lasting Powers of Attorney - A guide for people who want to make a personal welfare Lasting Power of Attorney
• LPA103 - Lasting Powers of Attorney - A guide for people who want to make a property and affairs Lasting Power of Attorney
• LPA104 - Lasting Powers of Attorney - A guide for people taking on the role of personal welfare Attorney under a Lasting Power of Attorney
• LPA105 - Lasting Powers of Attorney - A guide for people taking on the role of property and affairs Attorney under a Lasting Power of Attorney
• LPA107 - Lasting Power of Attorney - A guide for Certificate providers and Witnesses
• LPA108 - A guide to registering a Lasting Power of Attorney
• Examples of what a registered Lasting Power of Attorney will look like

There are two examples in this document that show how the PG will register an LPA using a holographic label. One example is for the first page of an LPA and the other is for every other page. The labels and their positioning will be the same for both personal welfare and finance and property LPAs.

Registers

• LPA109 - Office of the Public Guardian registers - Registers of Lasting Power of Attorney, Register of Enduring Power of Attorney, Register of Court orders appointing Deputies
• OPG100 - Application for a search of the Public Guardian registers

This form is used to make an application to search the Public Guardian registers and should be downloaded along with the Office of the Public Guardian registers booklet (LPA109).

Resources

News:

• The Times: Ministers bow to pressure over 'power of attorney' - 24/10/08

Office of the Public Guardian:

• What is a Lasting Power of Attorney?

• Property and affairs LPA

• How to make a lasting power of attorney

• How to register an LPA

• Forms and booklets: Making a Lasting Power of Attorney

• Forms and booklets: Registering a Lasting or Enduring Power of Attorney

Other:

• Regulations and Guidance (DCA website)

• Law Society LPA practice note - "The Law Society has produced a practice note to assist solicitors in advising clients wishing to draw up an LPA, as well as solicitors who are acting as an attorney under an LPA. The practice note also covers ongoing arrangements for Enduring Powers of Attorney."