New forms for Lasting Powers of Attorney (‘LPAs’), for both property and financial affairs and health and welfare, were introduced on 1st July 2015 with the objective to make it simpler and quicker to prepare LPAs.
The new forms (now known as LPAs for financial decisions and LPAs for health and care decisions) contain a number of changes, the most significant of which are as follows:
- There is now a section to register a LPA within the same form as the LPA itself, thereby removing the requirement to complete a separate application form to register it.
- It is no longer necessary to notify someone of the intention to register a LPA or to have a second Certificate Provider. Under the new LPA forms, the section regarding people to notify when the LPA is registered is optional, and only one Certificate Provider is required even if no one is notified.
- The Certificate Provider no longer needs to complete a statement of personal knowledge or relevant professional skills, and merely needs to sign the LPA.
- The guidance, restrictions and conditions sections in the old forms have been replaced by sections headed ‘preferences’ and ‘instructions’.
There is a transitional period until 1st January 2016, during which time the old forms can continue to be completed. As from 1st January 2016, only LPAs which have been completed and signed by all parties before that date can be registered, and all new or partially completed LPAs will need to be made or re-made using the new forms.
If you are interested in making a LPA, please contact the partner having responsibility for your affairs, or any partner in the Private Client Department.
