Lasting Power of Attorney – Our Guide
Lasting Power of Attorney (LPA) forms have changed from Wednesday 1st July. Here is our guide to the changes:
The Government has introduced new, clearer and simpler Lasting Power of Attorney forms. They come into effect on 1st July, however, a transition period of 6 months has been introduced to allow for existing applications to be registered up until 1st January 2016. The Government insist the redesign will make the forms easier to follow and faster to complete also removing the need for a second certificate provider option.
So what action needs to be taken?
If you have used the current LPA forms and they have already been completed, signed and dated correctly by Friday, 1st January 2016, they can still be registered at any time providing they have been made correctly.
From the 1st July 2015 the new style forms:
- Remove the requirement to notify someone of the registration and leaves this as optional — it is part of the LPA
- Reduce the number of certificate providers needed to one
- Encourage immediate registration by incorporating the registration pages within the form
The total length of the new form (ignoring the continuation sheets) is now 20 pages, inclusive of the registration section.
If an LPA is made using the current application forms but has not been completed, signed and dated by 1st January 2016, then they cannot be registered. A further application would have to be made using the new format. This could end up being costly with the need for the donor to sign the forms and have them witnessed again.
The build up to the changes began with a consultation process commencing in October 2013 and the new forms reflect the responses to that process. The feedback was from users who were directly involved in the development and redesign, rendering the forms easier to follow and faster to complete. The requirement for a second certificate provider has been removed as it was felt this was making it difficult for some people who wanted to make an LPA. Does it make sense to simplify them?
No changes are being made to Enduring Powers of Attorney (EPA) forms at this time. These will still be able to be registered after the introduction of the new LPA forms.
The number of applications for Lasting Power of Attorney has increased significantly year on year with a total of 242,000 registered in 2012 to 2013, 295,000 in 2013 to 2014 and 394,000 in 2014 to 2015.
You can access the statutory instrument which includes copies of all the new forms here: https://www.gov.uk/government/news/lasting-power-of-attorney-forms-are-changing-from-wednesday-1-july