Lasting Power of Attorney
a personal account
I’ve just received my two registered LPAs and wanted to share with you my experience of the process from start to finish. I do hope it will encourage more people to do the same.
I decided to apply and register my own Lasting Power of Attorney to ensure everything is in place for my family should anything happen to me, and I lose my capacity to make decisions. I don’t have any health conditions which would pre-empt this, but I’ve seen so many people I’ve worked with leave it too late, where their capacity is questionable, and their family is often left with a complex and expensive process seeking guardianship via the Court of Protection. None of us has a crystal ball and we do not know what will happen to us in the future. It may seem a little morbid or tempting fate, but I see it in a totally different light, you get to choose who to act on your behalf rather than someone else deciding that for you. I therefore urge everyone, no matter what age you are or what your current health is like, to consider applying for an LPA.
I started my LPA journey on March 1 this year. There are a number of ways you can complete the forms; online via the Office of the Public Guardian’s (OPG) website, using Alzheimer’s Society’s free LPA form filling service, which you can access by calling 0333 1503456. They don’t provide legal advice, but they do explain some of the terms used on the form. If your wishes are quite complex such as multiple attorneys involved in specific tasks, then contacting a solicitor may be the best option.
I felt that I was reasonably au fait with completing a form so went ahead with the online service. I found it reasonably easy to do, although I had to read some of the instructions a couple of times to get my head around the terms used. The OPG helpline is brilliant if you do get stuck. I decided to set up the two LPAs, one for property and finance and the other for health and wellbeing. You don’t have to do both, but this is what I chose to do. The forms are virtually identical with one or two slight additions on the health LPA.
Once all the forms are completed, you then have to go through each section where signatures are required for you, your certificate provider, your witnesses and your attorney(s). A certificate provider is someone who ensures you understand what you are doing and is satisfied that you are not being coerced into choosing certain attorneys etc. This is where you really need to be methodical because one signature made in the wrong order can result in an invalid LPA. Covid restrictions didn’t help when trying to get witnesses and attorneys together either. As a note here, I didn’t need any medical or legal personnel to be involved in this process. The literature clearly states who can and cannot be a witness, a certificate provider or an attorney.
When all the signatures had been obtained, in the right order, I sent off my forms with payment details to the OPG. Some people may not have to pay the £82 per LPA or they may have a discounted rate. These reductions apply to people on certain benefits and low income. Again, the OPG website gives full details.
I then had to wait until mid-May for correspondence from the OPG informing me that they were dealing with my two LPAs. They write to you and your attorneys telling them that they have three weeks’ notice to object to the LPA before they are registered.
I finally received my registered LPAs on July 1.
I would say that the process was very straightforward, but it took four months from start to finish so do bear this in mind when deciding to go ahead with your application. I chose to have my husband as my main attorney and my two grown up children as replacement attorneys should anything happen to my husband. That way it is unlikely I will need to set up a new LPAs in the future.
I hope my experience will inspire and encourage you to put these very important measures in place for your future and for your family’s peace of mind. My personal opinion is that everyone should set up these LPAs no matter how old you are or what your current state of health is.
Linda Lawson, Information Worker, Alzheimer’s Society
Linda.lawson@alzheimers.org.uk
July 2021
I decided to apply and register my own Lasting Power of Attorney to ensure everything is in place for my family should anything happen to me, and I lose my capacity to make decisions. I don’t have any health conditions which would pre-empt this, but I’ve seen so many people I’ve worked with leave it too late, where their capacity is questionable, and their family is often left with a complex and expensive process seeking guardianship via the Court of Protection. None of us has a crystal ball and we do not know what will happen to us in the future. It may seem a little morbid or tempting fate, but I see it in a totally different light, you get to choose who to act on your behalf rather than someone else deciding that for you. I therefore urge everyone, no matter what age you are or what your current health is like, to consider applying for an LPA.
I started my LPA journey on March 1 this year. There are a number of ways you can complete the forms; online via the Office of the Public Guardian’s (OPG) website, using Alzheimer’s Society’s free LPA form filling service, which you can access by calling 0333 1503456. They don’t provide legal advice, but they do explain some of the terms used on the form. If your wishes are quite complex such as multiple attorneys involved in specific tasks, then contacting a solicitor may be the best option.
I felt that I was reasonably au fait with completing a form so went ahead with the online service. I found it reasonably easy to do, although I had to read some of the instructions a couple of times to get my head around the terms used. The OPG helpline is brilliant if you do get stuck. I decided to set up the two LPAs, one for property and finance and the other for health and wellbeing. You don’t have to do both, but this is what I chose to do. The forms are virtually identical with one or two slight additions on the health LPA.
Once all the forms are completed, you then have to go through each section where signatures are required for you, your certificate provider, your witnesses and your attorney(s). A certificate provider is someone who ensures you understand what you are doing and is satisfied that you are not being coerced into choosing certain attorneys etc. This is where you really need to be methodical because one signature made in the wrong order can result in an invalid LPA. Covid restrictions didn’t help when trying to get witnesses and attorneys together either. As a note here, I didn’t need any medical or legal personnel to be involved in this process. The literature clearly states who can and cannot be a witness, a certificate provider or an attorney.
When all the signatures had been obtained, in the right order, I sent off my forms with payment details to the OPG. Some people may not have to pay the £82 per LPA or they may have a discounted rate. These reductions apply to people on certain benefits and low income. Again, the OPG website gives full details.
I then had to wait until mid-May for correspondence from the OPG informing me that they were dealing with my two LPAs. They write to you and your attorneys telling them that they have three weeks’ notice to object to the LPA before they are registered.
I finally received my registered LPAs on July 1.
I would say that the process was very straightforward, but it took four months from start to finish so do bear this in mind when deciding to go ahead with your application. I chose to have my husband as my main attorney and my two grown up children as replacement attorneys should anything happen to my husband. That way it is unlikely I will need to set up a new LPAs in the future.
I hope my experience will inspire and encourage you to put these very important measures in place for your future and for your family’s peace of mind. My personal opinion is that everyone should set up these LPAs no matter how old you are or what your current state of health is.
Linda Lawson, Information Worker, Alzheimer’s Society
Linda.lawson@alzheimers.org.uk
July 2021