Since 1 July 2015 the Office of the Public Guardian (OPG) has made available new forms for Lasting Powers of Attorney (LPAs) for both Property and Financial Affairs LPAs and Health and Welfare LPAs.

The OPG introduced the new forms with the aim of making smoother and clearer the process of creating and registering LPAs.

LPAs are legal documents that allow a person (the ‘donor’) to appoint individuals whom they trust (the ‘attorneys’) to make decisions on their behalf, concerning their property and money or health and welfare in the event of them losing mental capacity.

How the LPA forms have changed

Under the new forms:

• There is now a section to register the document. This replaces the separate form LPA002 for registration that was part of the old LPA forms.
• There is no need to provide a second ‘certificate provider’ (the person to certify that the donor has capacity) should the donor decide not to appoint a ‘named person’ (the person to be notified when the forms are submitted to the OPG for registration).

Timing for transition to new forms

To make the change from the old LPA forms to the new LPA forms a smooth one, the OPG will accept both forms for 6 months from 1 July 2015:

• Until 1 January 2016, the old or new forms can be used to create and register LPAs.
• Provided the old forms have been correctly created, signed and dated they will continue to be registered by the OPG at any time.
• If the old forms have not been correctly created, signed and dated after 1 January 2016, they will not be able to be registered by the OPG.

It is always a good idea to receive advice to ensure all parties are aware of their legal responsibilities under the LPAs prior to registration and also to ensure that the forms have been properly completed.

Errors can be costly in time and money but worse still, can prevent LPAs from being registered if the donor has lost mental capacity at the time the errors come to light.

If you have made LPAs using the old forms and they have not yet been registered please feel free to contact us on 0208 537 3448 to ensure they have been accurately completed before submission to the OPG.

For help to make LPAs or to receive guidance on anything in connection with LPAs, please contact us on 0208 537 3448 or send an email to lpa@ashtongrace.co.uk.

Ashton Grace – Specialists in Wills & Estate Planning