You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll make decisions separately or together. Who can be your attorney Your attorney needs to be 18 or over. They could be: a relative a friend a professional, for example a solicitor your husband, wife or partner You must appoint someone who has the mental capacity to make their own decisions. Your attorney does not need to live in the UK or be a British citizen. When choosing an attorney, think about: how well they look after their own affairs, for example their finances how well you know them if you trust them to make decisions in your best interests how happy they will be to make decisions for you Read about an attorney’s responsibilities to help you with your decision. You cannot choose someone who is subject to a Debt Relief Order or someone who is bankrupt if you’re making a lasting power of attorney (LPA) for property and financial affairs. If there’s more than one attorney If you’re appointing more than one person, you must decide if they’ll make decisions: separately or together - sometimes called ‘jointly and severally’ - which means attorneys can make decisions on their own or with other attorneys together - sometimes called ‘jointly’ - which means all the attorneys have to agree on the decision You can also choose to let them make some decisions ‘jointly’, and others ‘jointly and severally’. Attorneys who are appointed jointly must all agree or they cannot make the decision. Replacement attorneys When you make your LPA you can nominate other people to replace your attorney or attorneys if at some point they cannot act on your behalf anymore.

Register a lasting power of attorney

When you’ve made your lasting power of attorney ( LPA ), you need to register it with the Office of the Public Guardian ( OPG ). It takes 8 to 10 weeks to register an LPA if there are no mistakes in the application. You can apply to register your LPA yourself if you’re able to make your own decisions. Your attorney can also register it for you. You’ll be told if they do and you can object to the registration . Notify people Before you register, send a form to notify people (LP3) to all the ‘people to notify’ (also called ‘people to be told’) you listed in the LPA . They’ll have 3 weeks to raise any concerns with OPG . If you’re using the online service to make an LPA, it will create and fill in the LP3 forms for you. How to register Apply to register as soon as you’ve sent forms to notify people. To register, you need to sign your completed LPA form and send it to OPG . If you create your LPA form using the online service, you will need to print it out to do this. Office of the Public Guardian PO Box 16185 Birmingham B2 2WH The address is also on the form. Make sure you include the original LPA form and the fee. You can send a certified copy if you do not have the original form. Write a covering letter to explain why you do not have the original. If you made your LPA with an older paper form You can register by filling in form LP2 if you made your LPA : on forms LPA114 or LPA117 before 1 January 2016 on forms LP PA or LP PW before 1 April 2011 Otherwise you’ll need to make a new LPA . How much it costs It costs £82 to register each LPA unless you get a reduction or exemption. This means it costs £164 to register both a property and financial affairs LPA and a health and welfare LPA . You can pay by: credit or debit card cheque Make your cheque payable to ‘Office of the Public Guardian’ and write your name on the back. Send it to OPG with your forms. If you make a mistake on your form Depending on the type of mistake, OPG may let you correct it and apply again within 3 months for £41. Get a reduction or exemption You can apply for a reduction if you earn less than £12,000. You might also be able to apply for an exemption if you’re on certain benefits, such as Income Support. Download and fill in the application form . The form has more information about eligibility.

Certify a copy of a lasting power of attorney

You can confirm that a copy of your registered lasting power of attorney ( LPA ) is genuine by ‘certifying’ it if you’re still able to make your own decisions. Your attorney can use the certified copy to prove they have permission to make decisions on your behalf, for example to manage your bank account. You can also make certified copies of your LPA before it has been registered. You or your attorney can use this to register your LPA if you do not have the original form. How to certify a copy Write the following text on the bottom of every page of the copy: “I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.” On the final page of the copy, you must also write: “I certify this is a true and complete copy of the lasting power of attorney.” You need to sign and date every page. Other ways to certify a copy Copies of your LPA can also be certified by: a solicitor a person authorised to carry out notarial activities

Changes you need to report

You (if you still have mental capacity ) or one of your attorneys must tell the Office of the Public Guardian ( OPG ) if: you or an attorney change name or address an attorney dies If you or an attorney change name or address You must tell OPG if you or your attorney changes name and send a copy of the marriage certificate or deed poll that shows the new name. Do not send any original documents. You must tell OPG if you or your attorney changes address, but you do not need to send any supporting documents. Do not make changes to your lasting power of attorney (LPA) document itself, as it might become invalid. If one of your attorneys dies You must tell OPG and send them the original LPA and all certified copies. If the attorney died outside of the United Kingdom, you must also send a copy of the death certificate. What happens to the existing LPA OPG will cancel the LPA if the donor dies, or if an attorney dies and either: the attorneys had to make all decisions together - this is called acting ‘jointly’ there was only one attorney A cancelled LPA will be destroyed. If you want OPG to send it back instead, include a note asking for its return along with a return address. If an attorney dies and the attorneys were able to make any decisions on their own (called acting ‘jointly and severally’), OPG will update the LPA instead. You must include a return address when you send the LPA . Contact OPG Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300 Textphone: 0115 934 2778 Monday, Tuesday, Thursday, Friday, 9am to 5pm Wednesday, 10am to 5pm Find out about call charges Office of the Public Guardian PO Box 16185 Birmingham B2 2WH If you email or write to OPG you should include: your full name, address and date of birth whether you are the attorney or the donor the donor’s full name address and date of birth (if you are the attorney) the reference number on your LPA

You can ask the Office of the Public Guardian ( OPG ) to remove an attorney if your lasting power of attorney ( LPA ) is registered and you still have mental capacity to make decisions. You will need to send OPG a written statement called a ‘partial deed of revocation’. If you want to add another attorney you need to end your LPA and make a new one. Use the following wording. Replace the words in the square brackets with the relevant details. Partial deed of revocation “This partial deed of revocation is made by [donor’s name] of [donor’s address]. 1: I granted a lasting power of attorney for property and financial affairs/health and welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s). 2: I hereby revoke [attorney’s name that you are revoking] ONLY from the lasting power of attorney and the authority granted to him/her. Signed and delivered as a deed [donor’s signature] Date signed [date] Witnessed by [signature of witness] Full name of witness [name of witness] Address of witness [address of witness]” Where to send a partial deed of revocation Send the partial deed of revocation to the Office of the Public Guardian ( OPG ) with the original LPA document. You must also tell your attorney or attorneys that you’re ending your LPA . Office of the Public Guardian PO Box 16185 Birmingham B2 2WH

End your lasting power of attorney

You can end your lasting power of attorney ( LPA ) yourself - if you have mental capacity to make that decision. You need to send the Office of the Public Guardian ( OPG ) both: the original LPA a written statement called a ‘deed of revocation’ Use the following wording for the deed of revocation. Replace the words in the square brackets with the relevant details. Deed of revocation “This deed of revocation is made by [your name] of [your address]. 1: I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on [date you signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s). 2: I revoke the lasting power of attorney and the authority granted by it. Signed and delivered as a deed [your signature] Date signed [date] Witnessed by [signature of witness] Full name of witness [name of witness] Address of witness [address of witness]” You must be able to make your own decisions when you end your LPA. You can also complain if you have concerns about your attorney , for example if they’re not carrying out their responsibilities properly. Other ways a lasting power of attorney can end Your LPA may end if your attorney: loses the ability to make decisions - ‘loses mental capacity’ divorces you or ends your civil partnership if they’re your husband, wife or partner becomes bankrupt or they’re subject to a Debt Relief Order (DRO) - if they’re a property and financial affairs attorney is removed by the Court of Protection dies If your only attorney dies Your LPA will end if your attorney dies and you have no replacement attorneys. You must tell OPG and send them: the original LPA all certified copies of the LPA a return address where your documents can be sent back to Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300 Textphone: 0115 934 2778 Monday, Tuesday, Thursday, Friday, 9am to 5pm Wednesday, 10am to 5pm Find out about call charges Office of the Public Guardian PO Box 16185 Birmingham B2 2WH Your LPA can continue if: there are other attorneys who can act ‘jointly and severally’ - but not if they are only allowed to act ‘jointly’ there are replacement attorneys If you die Your LPA will end automatically when you die. Your affairs will be looked after by your executors or personal representatives from that point, not your attorney.

Make, register or end a lasting power of attorney

Overview

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

You do not need to live in the UK or be a British citizen.

This guide is also available in Welsh (Cymraeg).

There are 2 types of LPA:

health and welfare
property and financial affairs

You can choose to make one type or both.

There’s a different process in Scotland and Northern Ireland.

How to make a lasting power of attorney

Choose your attorney (you can have more than one).
Fill in the forms to appoint them as an attorney.
Register your LPA with the Office of the Public Guardian (this will take 8 to 10 weeks if there are no mistakes in the application).

It costs £82 to register an LPA unless you get a reduction or exemption.

You can cancel your LPA if you no longer need it or want to make a new one.

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

your daily routine, for example washing, dressing, eating
medical care
moving into a care home
life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an 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 used as soon as it’s registered, with your permission.

Help deciding if you should make a lasting power of attorney

Contact the Office of the Public Guardian if you need help.

Office of the Public Guardian
[email protected]
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges

View a printable version of the whole guide

Make, register or end a lasting power of attorney

Overview

How to make a lasting power of attorney

Health and welfare lasting power of attorney

Property and financial affairs lasting power of attorney

Help deciding if you should make a lasting power of attorney

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Make, register or end a lasting power of attorney

Overview

How to make a lasting power of attorney

Health and welfare lasting power of attorney

Property and financial affairs lasting power of attorney

Help deciding if you should make a lasting power of attorney

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