New Lasting Powers of Attorney Application Form

New Simplified Lasting Powers of Attorney Application in 7 Days.

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 , come into force in seven days’ time on 1 July 2015.

The new regulations are designed to simplify how we make and appoint people to look after either our financial affairs or our welfare if we lose physical or mental capacity.

The LPA forms are simpler and offer more explicit instructions as to when your attorney(s) can take control of your affairs. A summary of the revised application process is as follows:

Currently, whilst you may have submitted your LPA to the Office of the Public Guardian a separate registration form is required if you lose physical or mental capacity and your attorneys wish to take over your affairs. A new section (section 5) will now be incorporated into the new LPA for two enable you to either

• register the LPA and it becomes effective immediately
• specify the terms when the LPA becomes effective in the future such as losing physical or mental capacity (the LPA then becomes effective without the need to further register the LPA as being in force

Currently, there is a requirement for two certificate providers to sign the LPA confirming/certifying that the person making the LPA (the donor) is able to do so, with the certificate provider usually being a professional person. The certificate provider must also currently supply extensive information about themselves and confirmed their status. Under the new rules, there is only a requirement for one certificate provider and the details that they have to supply or less exhaustive.

Finally, much more understandable and simpler terminology will be used for example: ‘restrictions' will be replaced by the much easier to understand ‘instructions' and ‘guidance' will be replaced by the term ‘preferences'. In short, played English rather than the legal terminology that is currently used making it much easier for both the person making the LPA and others to understand your needs and requirements.

We welcome all of the changes as it will make it much easier for us to explain LPAs to you, our clients, and for you to be confident that your instructions will be understood by all parties involved. If you are in the process of drafting your LPA, the old forms are still valid until 31 December 2015, so all is not wasted.