Lasting Powers of Attorney

This LPA can be used as soon as it’s registered, with your permission.

It gives someone (your named attorney) the power to make decisions about money and property for you, for example:
• managing a bank or building society account
• paying bills
• collecting benefits or a pension
• selling your home

It can be incredibly useful in a number of situations – such as an extended stay in hospital – because it overcomes any difficulties accessing bank or building accounts to pay bills or get cash.

An LPA must have a certificate provider who must sign the LPA.

The certificate provider is an impartial person who helps protect the donor’s interests by checking that the donor understands the LPA and is making it of their own free will. They have to know the donor well enough to have an honest conversation with them about the LPA and the power the donor is giving to their attorneys.

A certificate provider can be:
a) someone who has known the donor personally for at least 2 years, such as a friend or neighbour (but not a relative)
b) someone with relevant professional skills, such as the donor’s GP or solicitor

The OPG is responsible for registering the forms and approving the legal powers.

It costs £82 to register each LPA (although means tested reductions or exemptions are available).

This means it costs £164 to register both a property and financial affairs LPAand a health and welfare LPA.

It takes the OPG 8-10 weeks to register an LPA – longer if there are mistakes in the application.

The period includes a statutory 4 week wait period which gives people time to raise concerns about the LPA. For example, if they think the donor is being forced into making the LPA or that someone is committing fraud.

You should also factor in the necessary time to consult prospective attorneys and enable all the relevant parties to sign the forms prior to registration.