You must complete a form for each LPA. This will include your instructions and the names of the people you appoint to act on your behalf.
The forms only vary slightly between Health and Financial LPAs and are available from the government website. If you don’t already have an account you will need to create one.
Each LPA will be assigned a case number as it is created and is completed by printing the document and signed by all named parties including witnesses. It then needs to be sent to the Office of the Public Guardian (OPG) with the registration fee so that it can be validated and registered.
The LPA can submitted by the donor or one of the attorneys. You can name another person to receive the LPA from OPG but this is usually the person who registers it. This person will be contacted if any further information is required and will receive the registered LPA and any correspondence.
Involved parties
| Donor | This is the person who is making the LPA and who is protected by it. You must be at least 18 years old and have the mental capacity to make decisions for yourself. |
| Certificate Provider | An independent and impartial person that has known the donor personally for at least 2 years or is a professional person such as a solicitor or doctor. This person states that the donor is of sound mind and understands the implications of making the LPA. Must be at least 18 years old and have the mental capacity to make decisions. Must not be a family member or partner of the donor or any of the attorneys. None of the attorneys can be the Certificate Provider. |
| Attorneys | One or more people that you trust and who will make decisions on your behalf in the future. Must not have been declared bankrupt. Must be at least 18 years old and have the mental capacity to make decisions. |
| Replacement Attorneys | These can step in if one of the appointed attorneys can no longer act for you. Must be at least 18 years old and have the mental capacity to make decisions. |
| People to be notified | You can nominate one or more people to be notified of existence of your LPA and any updates to it. This is optional but if someone is named as a person to notify then the person registering the LPA must complete and send them a form LP3. This gives the person 3 weeks from receiving the LP3 form to raise any concerns or objections to OPG. |
| Witnesses | Signatures of the attorneys need to be witnessed by someone over the age of 18. Any of the attorneys or the Certificate Provider can be the witness for an attorney. An attorney cannot be a witness to their own signature. |
| Correspondent | This person acts as the primary point of contact for any questions or issues that the OPG may have regarding the LPA. The correspondent is also responsible for receiving the registered LPA document once the registration process is complete. This person is named in Section 13 of the LPA application. |
The signatures of the involved parties need to be carried out in a particular order and in the presence of a witness to ensure that the document is legally binding.
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