a) A property and financial affairs LPA is for decisions about finances, such as selling the Donor’s house or managing their bank account, dealing with pensions, insurances and paying bills.
b) A health and welfare LPA is for decisions about both health and personal welfare, such as dealing with social services, local authorities, care homes and making medical decisions where required. It also enables the attorneys to make life sustaining decisions.
Who can make an LPA?
Anyone aged 18 or over, with the capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.
Who is the Donor?
is someone who makes an LPA appointing an Attorney(s) to make decisions about his/her health and welfare, property and financial affairs or both.
What is an Attorney?
is the person(s) chosen by the donor to make decisions about either health and welfare or property and financial affairs or both, on their behalf.
What is a Replacement Attorney?
is the person nominated to replace an Attorney if that Attorney is no longer able to act on behalf of the donor
What is a Certificate Provider?
is someone who signs the document to confirm that the Donor has understood the LPA and that the Donor is not under any pressure to sign it. This could be a neighbour, close friend or an Attorney Specialist. The Certificate Provider cannot be:
any attorney or replacement attorney for this or any other LPA or enduring power of attorney that the donor has made
a member of the donor’s family or of any of the attorneys' families – including husbands, wives, civil partners, in-laws and step-relations
an unmarried partner, boyfriend or girlfriend of the donor or any of the attorneys
the donor’s business partner or any attorney’s business partner
The donor’s employee or any attorney’s employee
anyone running or working for a care home where the donor lives, or a member of their family
anyone running or working for a trust corporation appointed as an attorney in this LPA
any other person the Court of Protection may consider is not sufficiently independent
Who is a Named Person (optional)?
is someone chosen by the Donor to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration.
Who is a Witness?
is someone who signs to confirm that they witnessed the Donor signing and dating the LPA form and/or the Attorney(s) signing and dating the LPA form. This can be the Certificate Provider.
How do I register an LPA?
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA will not give the Attorney any legal powers to make a decision for the Donor. The Donor can register the LPA while they have capacity, or an Attorney can apply to register the LPA at any time.
What are the fees to register an LPA?
The registration fee charged by the OPG is means tested on the “Donor’s Income”.
Over £12,000 income per annum – £82 per LPA document.
Under £12,000 income per annum (we will apply for a 50% discount) – £41 per LPA document.
If the donor is in receipt of certain means tested benefits such as a Guaranteed Pension Credit, we will apply for a total exemption of the fee. This service is included in our fee at no extra charge.
LPA KENT is a trading style of Nextlevel Mentoring Ltd.