How long does it take to get a Lasting Power of Attorney?

by | May 16, 2024 | Guides, Power of Attorney | 0 comments

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A Lasting Power of Attorney is a legal document that must be registered with the Office of the Public Guardian before you (the donor) can appoint your loved ones to act on your behalf (your attorneys).

The Lasting Power of Attorney documents must first be obtained for signing. You can either access them for printing via the Office of the Public Guardian’s website (which is linked here: Lasting power of attorney forms – GOV.UK (www.gov.uk)), or alternatively, you can use a service like Zenco Legal, that can provide professionally drafted documents to alleviate the pressure of setting up a Lasting Power of Attorney, for a fee.

Once you have signed the documents, you must forward them to the Office of the Public Guardian for registration which can currently take 20-weeks. There are no time limits in signing and creating a Lasting Power of Attorney, but we advise you keep in mind that there is timeframe that the Office of the Public Guardian are taking to register applications so the sooner you sign the documents, the better.

Once your documents have been registered, you (the donor) and your attorneys will each receive a letter in the post to confirm that registration has been completed and a four-week legal period begins in case anybody needs to contest or advise whether the Lasting Power of Attorney document ought to be cancelled. You may also notify the Office of the Public Guardian of people you wish for them to notify once a Lasting Power of Attorney has been registered for safeguarding reasons, these people will also receive a letter in the post to confirm that registration has been completed.

Once the four-week legal period is over, you will receive your Lasting Power of Attorney in the post with each page stamped to advise it is registered and the pages will be perforated.

If there are any mistakes when you register your Lasting Power of Attorney, then the Office of the Public Guardian may allow you to correct them or apply again with a further cost of £41 at their discretion. This will increase your registration timeframe.

Please note that there is a fee of £82 per application for the Office of the Public Guardian to register your Lasting Power of Attorney, however, you may be able to get a 50% discount if your gross annual income is below £12,000 or, if you are in receipt of certain means tested benefits, you may also be entitled to an exemption from this fee. 

The process of setting up your LPA?

To create your LPA there are several forms that need to be completed and signed in a certain order.

Although you do not technically need a Solicitor or a legal service like Zenco Legal to make your Lasting Power of Attorney, it can be worthwhile using one as they will be able to ensure that no mistakes are made which could increase the lead time. 

When making your Lasting Power of Attorney, you will need to choose your Attorney(s), a Certificate Provider, and a witness.

Although you do not all need to be in the room at the same time. It can speed the process up if you can arrange a time where you can all meet and complete the relevant paperwork. 

This is the signing order for your documents:

  • You (the donor) must sign first: Health and Welfare section five is signed first and then section nine is signed second. On Property and Finance, section nine is signed first (there is no section five to sign in the Property and Finance Lasting Power of Attorney). Please ensure a witness is present to sign alongside you (the donor). Your witness can be anybody over the age of eighteen that is not an attorney in your Lasting Power of Attorney.
  • Your certificate provider must sign second: the certificate provider must sign section ten in both Health and Welfare and Property and Finance Lasting Power of Attorneys. They will be confirming that you have full mental capacity and understand all of the decisions you have made. They will also confirm that you have not been pressured into any of these decisions. 

Please note that you certificate provider must be over the age of eighteen and can be: 

  • Professionals with the ability to test mental capacity such as a Doctor, Solicitor or Social worker. 

Or

  • Someone you have known for over two years but is not a family member of yourself or your Attorney(s) by blood nor law. 
  • They cannot be a business partner or employee of yourself or your Attorney(s). 
  • They cannot be the owner or employee of a care home where you or a member of your family resides. 
  • They cannot be an unmarried partner to you nor your Attorney(s).
  • They cannot live with you nor your Attorney(s).
  • Your Attorney(s) will sign third in the order they appear: Your attorney(s) will sign section eleven as they appear. The first attorney will sign section eleven; page twelve, the second attorney will sign section eleven; page thirteen, the third attorney will sign section eleven; page fourteen, and the fourth attorney will sign section eleven; page fifteen. This is them forming an agreement with yourself. This will also need to be witnessed. Attorney(s) can witness each other, but they are unable to act as your witness. 
  • The person registering the Lasting Power of Attorney signs last: The person responsible for registering your Lasting Power of Attorney, whether it is you (the donor) or an attorney will use section twelve to stipulate this. They are then responsible for signing section fifteen once everybody else has signed the Lasting Power of Attorney.
Mickey Evans
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