How to Set Up a Lasting Power of Attorney

Setting up a Lasting Power of Attorney is a formal legal process and must be carried out correctly to be valid. An LPA that contains errors may need to be completed again from the beginning, causing delay and additional cost.

The first step is deciding who to appoint as attorney and what decisions they should be able to make. The document is then prepared and must be signed in a specific order — by the person making the LPA, the attorneys, and an independent certificate provider who confirms the document is being signed freely and without pressure. Signatures must be properly witnessed.

Once completed, the LPA must be submitted to the Office of the Public Guardian for registration. Registration takes time and the LPA cannot be used until it has been registered. It is therefore advisable to put an LPA in place well before it is needed.

Common causes of delay or invalidity include incorrectly completed forms, signatures in the wrong order, and invalid witnessing. These errors are avoidable with proper legal guidance.

At MJV Solicitors, we prepare and register Lasting Powers of Attorney to ensure the process is handled correctly from the outset.

FAQ

How long does it take to set up an LPA?
The registration process alone can take several weeks once submitted to the Office of the Public Guardian.
What happens if the LPA is completed incorrectly?
It may be rejected and need to be completed again from the beginning.
Can I set up an LPA myself?
It is possible, but errors are common and can invalidate the document.

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.