Changes to Lasting Powers of Attorney – How do They Affect You?

The government decided to consult on some of the issues handled by the Office of the Public Guardian, including the process of making a Lasting Power of Attorney (LPA), back in 2013 and the results of that consultation have finally been introduced in a new streamlined process for making either a Property and Financial Affairs LPA or a Health and Welfare LPA.

One of the reasons for the initial consultation is the growth in people taking control of their affairs and putting in place an LPA so they know that their attorney will act on their behalf and carry out their wishes even when they have lost capacity. Less than 250,000 LPAs were registered in the year 2012 to 2013 but this increased significantly to nearly 400,000 in the year 2014 to 2015.

The changes have resulted in a new application form for both Property and Financial Affairs LPA and Health and Welfare LPA.

Following the consultation, the need for a second certificate provider has also been removed. A certificate provider has to confirm that the person making the LPA has the capacity to do so and that they are not under pressure by anyone to make the LPA.   A Solicitor is often chosen to be a certificate provider, particularly if they draft the documents.

Thankfully the government has continued to keep certain safeguards and protections in place and there is still the need for both a witness and a signature for the part about life-saving and sustaining treatment.

There are specific timescales in place that will mean that the old and the new forms will be accepted side by side for six months. The new form was introduced on 1 July and you can continue to use any old form for registration of an LPA that has been completed correctly and witnessed up until 1 January 2016.

As a result of these changes, Barker Son & Isherwood have decided to significantly reduce the cost of having these important documents professionally prepared.

If you would like to know more about making an LPA or the new application form, please get in touch with Gareth Horner who will be happy to assist you. Gareth can be contacted via telephone: 01264 325834 or email: ghorner@bsandi.co.uk.