So if you live in Northern Ireland, please read our information about Enduring power of attorney and controllership. If you have made an EPA but want to have an LPA instead, you can do this. You can then complete an LPA form and apply for this to be registered – see underLasting power of attorney. Unlike an EPA, an LPA is not valid unless it has been registered. Once you have given this notice, you can apply to register the EPA on form EP2PG to the Office of the Public Guardian. There is a registration fee, although some people won’t have to pay it.
The Public Guardian must notify the donor and any attorneys that they have registered the LPA. Send this to the Office of the Public Guardian along with your LPA form and the registration fee. If you make both types of LPA, you will need to pay two lots of fees. When you make an LPA, you can request that certain people should be notified when the LPA is registered. This helps to protect you against fraud and being pressurised into making the LPA. You should use form LP3 to notify the people named in your LPA, before you apply to register it.
An Attorney acts as an agent of the person who appoints them (this person is usually referred to as ‘the Donor’). When you agree to act or are already acting as an Attorney it is vital to understand the legal duties and responsibilities that are involved. You should also understand how you can become legally liable in some situations. You can use your account to make multiple LPAs for yourself and others. It has step-by-step guidance to making an LPA, which will help you answer each question as you go through the service. We’ll use your answers to create an LPA that you can save and print, sign and send to the Office of the Public Guardian for registration.
Information On Enduring Powers Of Attorney Epa
If you have a health and welfare LPA, you may sometimes consider “restraining” the person you’re looking after from doing something you think will harm them or others. Once the power of attorney has been registered, the original document is returned to the applicant. The Ministry of Justice has set up a scheme to give a partial refund to anyone who registered a power of attorney between 2013 and 2017. This is someone who confirms that you understand it and haven’t been put under any pressure to sign it.
- Having a PoA lets you plan what you want another person to do for you in the future, should you become incapable of making decisions about your own affairs.
- It can only be used if you’re unable to make your own decisions.
- We provide a weekly update on our current processing times to keep you informed.
- It also has information if you want someone else to manage your affairs for you.
If your attorney have reason in the future to believe that you are becoming mentally incapable of managing your affairs they will have to apply to the High Court for registration of this power. You will receive notification of the attorney’s application to the court. The court may question the attorney’s handling of your affairs and may cancel his power at any time if it is not satisfied that the attorney is acting in your best interests. You may need to make decisions for someone who has lost their mental capacity when there’s no lasting power of attorney or enduring power of attorney.
An LPA can only be used once is has been registered with the Office of the Public Guardian. A health and welfare LPA does not come into force until the donor has lost the capacity to make decisions for themselves. Raise your concerns with the Office of the Public Guardian, which has responsibility for monitoring attorneys and deputies and can investigate allegations of mistreatment or fraud. It can report concerns to another agency, such as the police or social services, if appropriate. If you want to set up an ordinary power of attorney you should contact your local Citizen’s Advice or get advice from a solicitor as there is a standard form of wording that must be used. You may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.
When Does Someone Lack Mental Capacity?
If you or a loved one has an EPA in place, and there comes a time when it needs to be used, we can help you to register it, to allow you to act under it on behalf of your relative or friend. In addition, an LPA will ensure you’re assisted by the person you choose, which may not be the person applying. Peace of mind, knowing your affairs will be taken care of by the person you choose. We would love to hear from you and discuss any legal issues you may have and how we can assist you. If you are looking to make a Lasting Power of Attorney, or someone has just appointed you to act on their behalf, you probably have many questions about what an attorney can and can’t do. There are some decisions you as an attorney cannot make for another person.
You don’t have to choose this option but it can be a useful way of giving yourself some extra support. It can also help your attorney to get familiar with all your financial and legal arrangements. In addition to LPAs, you may come across something called a general or ordinary power of attorney.