Tip 1: Timescale
LPA applications are registered in different ways depending on the body providing the service. A lot of legal firms use the paper application forms, which can take up to 12 weeks to register. There are others who achieve an outcome significantly quicker, with direct links to the OPG.
Providence Will Protect has a direct link to the OPG. This mean applications are submitted the same day your information is taken. There is a statutory 4 week period of set by the office, but unlike other firms, this begins when applications are submitted, not when signed documents are received.
Tip 2: Think carefully about who you would like to appoint
When you makes an LPA, you agree to allow your chosen attorney to make decisions on your behalf over your financial affairs and/or health and welfare. An attorney is therefore in a position of authority, and should recognise it as such.
An attorney needs to be reliable, trustworthy, and have your best interests at heart. This can sometimes be a difficult decision. You may have a child with whom you have a great relationship, but who may not be able to manage your complex financial affairs in the event you cannot do so yourself. You may have children who do not see eye to eye in decision making; it can lead to serious disagreements within the family. In these situations, a professional attorney for property and affairs to act alongside your child may be the best decision.
Tip 3: Discuss what it means for your attorneys
Having a frank conversation with your attorneys about your wishes is always recommended. It is a huge responsibility and it is important they understand the details about what is involved.
Tip 4: The Cost
The Office of the Public Guardian (“the OPG”) charge a registration fee of £82 per LPA.
If someone lacks capacity to make an LPA or the LPA is contested or revoked, a deputy may be appointed to look after your affairs by the Court of Protection. In contrast to LPAs, the deputyship application process is more expensive and time consuming.
Tip 5: Chronological Order
In our experience, one of the biggest mistakes people make when signing their LPA forms is not signing in the correct (chronological) order. It may sound obvious, but if for example the signature date for the witness are before that of the person they are witnessing, then the application will be refused. The different sections must be signed and dated in chronological order otherwise the OPG will not register it and will request that you start the process again.