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New style forms for Lasting Powers of Attorney

Posted on 9th December 2015 in Legal Updates

The Office of the Public Guardian (OPG), the body responsible for maintaining a register of LPAs, launched new style Lasting Powers of Attorney (LPA) forms in July 2015. An LPA is a legal document allowing you to appoint someone to make decisions about either your property and financial affairs or your health and welfare. Care & Capacity expert, Sofia Tayton explains.

The new forms appear to be a success, despite some earlier concerns that safeguards for elderly or vulnerable donors are overlooked in the new simpler forms.

There are still separate forms required for each of the ‘property and finance’ and ‘health and welfare’ LPAs. There remains a need for an independent witness to sign the documents, and for someone to certify that the donor has the requisite capacity to be appointing attorneys.

Although the forms are now more straightforward, a strict signing and dating procedure has to be followed to ensure that the documents are correctly executed by all parties and accepted by the OPG for registration.

The old forms will be accepted by the OPG until Friday 1 January 2016. The shift to the new forms is encouraged, and LPAs are fast becoming a popular insurance policy against being in a position where no one can assist with your affairs if you were to lose mental capacity.

Research conducted by the OPG found that 64% of those interested in making an LPA were unlikely to actually do so, with 33% stating that they would wait until diagnosed with a condition affecting their mental capacity before deciding to go ahead with the preparation of the documents. We are encouraging clients to get these documents prepared, to ensure a suitable attorney can assist if required.

For more information please contact Sofia Tayton on 01564 796848 or at sofia.tayton@lodders.co.uk

Sofia Tayton, Lodders Solicitors

Sofia Tayton, Lodders Solicitors

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