Changes to Lasting Powers of Attorney

Following responses to its 2013 consultation, the Office of the Public (OPG) will make changes to the existing Lasting Power of Attorney (LPA) forms from 1 July 2015. The new forms will enable users to create and register new LPAs on one form, to make the registration process simpler. Guidance notes will also be included throughout the forms, to make them easier to understand. The new LPA forms will be referred to as LP1F (for Property and Financial Affairs) and LP1H (for Health and Welfare).

The new prescribed forms will come into effect from 1 July 2015. Pre-July 2015 forms can continue to be used up until 1 January 2016 provided they are executed by all the parties before that date. If a pre-July 2015 LPA has been returned containing errors, the new form must be used to make a repeat reduced fee application after 1 July 2015. No changes have been made to the Enduring Power of Attorney (EPA) forms and they will still be able to be registered after the introduction of the new LPA forms.

The OPG has also developed two new leaflets as guides to what is involved in being an attorney under an LPA. The leaflets assist attorneys by explaining how to help the donor to make decisions; understanding the legal responsibilities of being an attorney and dealing with other people and organisations on behalf of the donor.

The OPG believes that the new forms will be easier to understand and faster to complete, although like during any transitional period there are bound to be teething problems which are likely to result in delays.

To discuss the new changes and for advice on LPAs, please contact a member of the Edwin Coe Private Client team.

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