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How does a Lasting Power of Attorney application process work?

Applying for a Lasting Power of Attorney (LPA) can protect your future and ensure your wishes are honoured if anything happens that prevents you from being able to make any decisions.

An LPA is a legal document that allows you to appoint one or more people to help you make decisions or to make decisions on your behalf if you lose the capacity to do so.

When to apply for a Lasting Power of Attorney

It is advisable to set up an LPA well in advance of any need, ensuring that your affairs are managed according to your wishes should you become unable to make decisions for yourself due to illness or an accident.

There are two types of LPAs:

Property and financial affairs
Health and welfare

You can choose to set up one or both types, depending on your needs.

Challenges in the LPA application process

Filling out the LPA forms involves detailed information about you and the person(s) you are appointing as your attorney(s).

Any inaccuracies or omissions can lead to delays or rejections.

Our team can ensure that all necessary details are correctly completed, reducing the risk of errors that could invalidate your application.

The LPA forms contain legal terminology and specific requirements that can be confusing.

For instance, the certificate provider, who must confirm your understanding of the LPA, is a mandatory signatory.

Our solicitors can explain these terms and requirements clearly, ensuring you fully understand the implications of your LPA.

As well as the certificate provider, the forms must be signed by the donor (you) and your attorney(s).

Any deviation can result in the rejection of the application, so it is advised that the process is overseen legally, ensuring all signatures are correctly obtained and witnessed.

Once submitted, your forms are reviewed by the Office of the Public Guardian (OPG), which has reported significant delays in processing times.

The average clearance time currently stands at 76 working days, well beyond the target of 40 days.

Our team can help manage expectations and provide updates on your application’s progress, reducing anxiety during the waiting period.

The registration fee for an LPA is £82, with potential reductions or exemptions available.

We can help determine if you qualify for these financial reliefs and guide you through the application process for fee reductions or exemptions.

Rejections and delays can occur due to incomplete information, incorrect details, or improper execution of the forms.

These issues can be alleviated with our assistance, as we can review your application thoroughly before submission.

Implications of the delays

While the OPG has made strides in reducing waiting times, the continued high demand for LPA registrations means delays are still a reality.

It is therefore important to make sure that you are applying for an LPA well in advance of any anticipated need.

Early application ensures that your LPA is registered in time to be effective when required, avoiding potential complications if you suddenly become unable to make decisions.

For personalised advice and assistance with your LPA application, contact our team today.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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