Step 1. Appoint a solicitor
It is possible to complete a Lasting Power of Attorney (LPA) yourself by downloading forms online. However, as it is a legally-binding contract, it is highly advisable to get professional help. Many solicitors offer a flat fee for arranging Lasting Power of Attorney.
Step 2. Choose your attorneys
You next need to decide who should handle your affairs if you can’t. It must be someone over 18 you trust absolutely and who is still likely to be in good health in your later years.
It’s advisable to appoint at least two attorneys to each LPA. For example, many parents choose to give all their offspring joint lasting power of attorney. You can also nominate substitutes in case a nominated attorney dies.
Step 3. Complete the LPA
The LPA document follows a strict format. You must name your attorneys and whether you want them to act together or independently. There is also room to specify restrictions and conditions – e.g. when the LPA should come into effect. Separate documents must be completed for each type of LPA.
Step 4. Get certification
To be valid, an LPA must also be signed by an independent third party to certify you understand it and agreed to it of your own free will. The ‘certificate provider’ must have known you for two years or be a professional (e.g. doctor, lawyer, teacher). They cannot be a family member, one of your attorneys or a member of an attorney’s family.
Step 5. Give request for notice
As a further measure against abuse, you can request in the LPA that up to five other people are notified if and when the LPA is registered with the Office of the Public Guardian. If you don’t request notice, you must have two certificate providers sign the LPA.