Lasting Powers of Attorney – new forms make life easier

Lasting Powers of Attorney – new forms make life easier

Lasting Powers of Attorney (LPA) are something we should all consider making and as soon as practicable for those over 50. As time goes on more care establishments are asking that new residents have LPAs in place. LPAs can only be made whilst a person has mental capacity.

On 1st July the Office of the Public Guardian introduced new documentation to make and register Lasting Powers of Attorney for property & financial affairs and health & welfare. These are intended to replace the existing documentation which can be used in parallel with the new until 31st December 2015. Anyone using the old forms must make sure that they are completed and fully signed by 31st December for them to be accepted for registration after that date.

The new forms reduce the number of pages to be completed in order to make and register a LPA from about 30 to about 24. Since the new forms are in greyscale they remove the cost of colour inks used when printing the old forms!

The requirement for people to be notified when a LPA is submitted for registration becomes optional. The need for a certificate provider to have demonstrable professional qualifications is removed. These factors may contribute to an increase in the number of LPAs registered with the purpose of defrauding the elderly or infirm person making it. Only time will tell.

Whilst the new forms may be easier to complete the process of making a LPA is no less daunting for the donor. Making the right choices in selecting attorneys and deciding how they can act is difficult without the benefit of professional advice. Clients who have tried doing it themselves have told us they were going round in circles for days.

Nevertheless the new forms are welcome, they are easier to complete and hopefully this will encourage more people to make LPAs before it’s too late for them to do so and should reduce the costs of professional help.

If you need help or advice in completing a LPA then please contact us.

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