Making a LPA
An LPA is created by filling out either or both of the following forms:
You must read, fill in, and sign Part A of the LPA form in the presence of a witness. The witness cannot be the attorney you are appointing. It is also necessary to include a signed statement from any attorneys being appointed, which confirms that they understand the duties of an attorney.
Finally, there must also be a LPA certificate. This certificate confirms that you understand the purpose of the LPA, that no fraud or pressure is being used to make you create it, and that there is no other reason why the LPA should not be created.
This document must be signed by someone who is not:
the person making the LPA
a member of their family
the person being appointed as an attorney.
The person signing must be someone who:
is over 18
has known you for over 2 years
is a professional with a relevant expertise, such as a social worker, solicitor, or medical professional.
Revoking a LPA or EPA
A LPA or EPA (enduring power of attorney) can be revoked at any time by signing a deed of revocation and sending a copy to the Office of the Public Guardian. You should also tell your attorneys that the deed has been revoked.
Registering the LPA
The Office of the Public Guardian is a government body and will charge a registration fee also known as an 'administration fee' when you apply to register the LPA. It is always advisable to register the LPA even where you do not anticipate it being needed. The reason being that the registration process as an absolute minimum can take three to months to complete. It can even be longer. Typically, when the LPA is needed time is of the essence and neither you nor your attorney's generally have time to wait for the registration process to be completed. However, they have no choice as the documents cannot actually be used until they have been registered.
The Office of the Public Guardian typically charge a fee of £82 per document to process the registration but you can apply for that fee to either be waivered or reduced where you satisfy certain criteria.
It is always advisable to obtain legal advice and assistance when setting these documents up to ensure you do not make any mistakes which could either result in the LPA not being effective or being rejected due to a simply administration error or due to lack of clarity for instance.