You can prepare a Lasting Power of Attorney without the help of a solicitor. You will need to download the LPA forms from the OPG website.
Alternatively a solicitor can help set up your LPAs. The solicitor can:
- fill the forms out for you and make sure they are signed and dated in the necessary order.
- advise you about the best way to appoint your attorneys if you are appointing more than one.
- make sure the LPAs are prepared correctly in order to avoid any issues at the point of registration.
You will need to know the full names, addresses and dates of birth for both you and your attorneys (the people who are going to make decisions for you). Both you and each of the attorneys will need to sign the forms in the presence of a witness.
You can tell up to four people that you are preparing the LPAs. This person will simply receive a notice at the point of registration, although they are entitled to object if they feel you should not be preparing the LPA.
The final requirement for the LPA to be complete is that a certificate is signed by a third party, called the Certificate Provider. The Certificate Provider must either be an independent person chosen by you, who has known you personally for more than two years, or a person with a professional skill (such as a solicitor or medical professional) and they must sign a section in the LPA to confirm that they believe:
- you understand the purpose of the LPA
- you understand the extent of the powers you are giving the attorney
- you are not being pressurised to prepare the LPA.
Once all sections have been signed, the LPA can be registered. The Office of the Public Guardian (OPG) is in charge of registering all LPAs.
How much does it cost?
Most solicitors will offer you an initial consultation free of charge and give tell you how much the whole process will cost.
If you are preparing the LPA yourself the Office of the Public Guardian (OPG) will charge for registering it. You may not have to pay the full cost if you have a low income or are exempt because to get certain benefits. See LPA fees, reductions and exemptions on Gov.uk.
Thanks to Laura Ikin at NewLaw Solicitors for writing this page for us.
Next update due: June 2017