This section is about the individual applying for a Lasting Power of Attorney (LPA), referred to as "the Donor." Whether you're applying for a Health & Wellbeing LPA, a Financial LPA, or both, you are considered the Donor.
If you're completing this for yourself, you will be "Donor 1." If you're applying jointly with your spouse or partner, they will be "Donor 2." Please ensure this section is completed for each person creating the LPA.
This section is all about the Attorneys who are the people you pick to make decisions for you. They don’t need legal training. They should be people you trust and know well, for example, your husband, wife, partner, adult children or good friends. Choose one attorney or more. If you have a lot, they might find it hard to make decisions together.
Replacement Attorneys are a backup in case one of your original attorneys can’s make decisions for you. You don’t have to appoint a replacement, but they help to protect your LPA. Without them, your LPA might not work if one of your original attorneys stops acting for you. They must be at least 18 years old and have mental capacity to make decisions.
How Your Attorneys Will Make DecisionsThis section explains how your Attorneys will make decisions on your behalf. You’ll need to choose whether they can make decisions independently or must agree on some or all decisions unanimously. Regardless of your choice, they must always act in your best interests.
Jointly & Severally: This option allows your Attorneys to make decisions either together or individually. Most people prefer this option as it offers flexibility—Attorneys can come together for important decisions but are free to make simple or urgent decisions on their own.
Jointly: Here, your Attorneys must unanimously agree on every decision, no matter how big or small. Keep in mind that even simple decisions may be delayed if it takes time for the Attorneys to agree. If they can’t reach a decision, it may require a court ruling.
Jointly for Some Decisions, Jointly & Severally for Others: With this option, your Attorneys must agree unanimously on certain decisions but can act independently on others. If you choose this option, you’ll need to specify which decisions should be made jointly.
Preferences & Instructions: You can provide your Attorneys with guidance on how you’d like them to make decisions (preferences) or specific instructions they must follow when making decisions.
You need a Certificate Provider to confirm that no one is pressuring you into making a Lasting Power of Attorney (LPA) and that you fully understand the implications. This individual will sign the document to verify that they have discussed the LPA with you (the Donor) and that you comprehend the process voluntarily.
Your Certificate Provider must meet one of the following criteria: they should either have relevant professional skills (such as a doctor or lawyer) or have known you well for at least two years (like a friend or colleague). Certain individuals are not eligible to serve as Certificate Providers; please refer to our guides for more information.
If you require assistance finding a suitable Certificate Provider, feel free to contact the LifePartnerWills specialist team for support.
People to NotifyWhile optional, notifying certain individuals can enhance security. This involves informing people who may have concerns about your LPA before it is registered.
Congratulations on taking the important step of creating your Lasting Power of Attorney (LPA)! Here’s what to do next:
Complete Your Form: Ensure all sections of the LPA form are filled out accurately, including your Donor information, Attorney selections, decision-making preferences, and Certificate Provider details.
Review: Take a moment to review your completed form to make sure everything reflects your wishes. Consider discussing it with your chosen Attorneys to ensure they understand their roles.
Sign the Document: Follow the signing instructions carefully. Ensure that you, your Attorneys, and the Certificate Provider sign the form as required.
Register Your LPA: Once signed, you’ll need to submit your LPA to the Office of the Public Guardian for registration. This is a crucial step to ensure your LPA is valid and can be acted upon when needed.
Notify Relevant Parties: If you’ve chosen to notify individuals about your LPA, make sure to inform them before it’s registered.
Keep Copies: Retain copies of the completed and signed LPA for your records and provide copies to your Attorneys.
If you have any questions or need assistance at any stage, don’t hesitate to reach out to our LifePartnerWills team for guidance. Your peace of mind is our priority!
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