Lasting Powers Of Attorney

October 3rd, 2009

Lasting Powers of Attorney have been made much easier for people to organise for themselves with the launch of improved forms in October 2009  according to the Public Guardian, Martin John (pictured on the left).

His department, the Office of the Public Guardian (OPG), is responsible for regulating and supervising registered attorneys to ensure that people’s finances, welfare and healthcare are looked after according to their wishes should they lose the mental capability to manage themselves.
This involves setting up a Lasting Power of Attorney (LPA) which hands control of healthcare, welfare and financial affairs over to a trusted person. There are two types of LPA, one dealing with financial aspects (including property) and the other with health and welfare.

“We encourage people to make and register an LPA as early as possible,” said Mr John. “Once people have set up a Lasting Power of Attorney they can relax in the knowledge that, should they lose mental capacity for any reason, people they trust will be taking care of paying bills or choosing a care home for them.”

Feedback from customers and stakeholders was that the old form was too long and complicated, and this may have put people off from setting up LPAs, which is why it is now being replaced.

“We have now come up with far simpler forms,” said Mr John. “They are in plain English and have benefited from in-depth user-testing. The accompanying guidance is much clearer and includes images and examples of completed sections of the form.

“It is straight-forward enough for very many people to do the whole thing themselves. And the process has plenty of safeguards built in. For example, a person can nominate up to five people to be notified when the LPA is being registered so that those named people can object if they feel the person making it was being unduly pressured.”

Once an LPA has been made, no decision-making powers are handed across until it is registered. The person making the LPA (the donor) or the attorney can register an LPA. This is done by sending in a Registration form, along with the original LPA document and a £120 fee. The OPG will then contact all the relevant parties to check that no one objects to the Registration. If cleared the LPA is registered and sent back. It can then be used to manage the subject’s affairs.

“LPAs are checked very thoroughly,” said Mr John. “Once we send back a registered LPA it enables a person to take control of another person’s affairs.”

Public Guardian Mr John accepts that he has one of the best job titles in the country, and he takes it very seriously.

He said: “It is a title which brings with it great responsibility – to safeguard the right of people to choose for themselves how they want their affairs managed, and to ensure those that are appointed discharge their duties appropriately. My organisation is dedicated to this and by making it simpler for people to set up their own LPAs, we hope many more people will begin to put them in place sooner rather than later.”

SOME USEFUL INFO

• There is a helpline to provide guidance and support for anyone having trouble with the form. The number is 0300 456 0300. The OPG website address is: www.publicguardian.gov.uk
• LPAs can be as detailed or as straightforward as you want. For example, you may build in specific amounts of expenses you feel your ‘attorney’ should charge for their time in dealing with your affairs.
• Any number of ‘attorneys’ can be named in an LPA, but the OPG recommends against appointing too many as it can complicate decision-making processes.
• There can be differences in opinion among parties looking after a person’s affairs. The Court of Protection is where cases of this nature can be resolved.
• LPAs are an important way for people to plan ahead for a time when they may not be able to make their own decisions through a loss of mental capacity. This could happen for many reasons e.g. through a brain injury sustained in a road traffic accident, through dementia, through a learning disability or through another illness which might render you incapable, even temporarily. People over the age of 18 can set up an LPA.
• There are concessions available for people who have trouble paying the full £120 Registration fee.

Entry Filed under: News