LPA - How to Register and Procedure

Hello. Welcome, everybody. Money softer. Mahmoud, I'm a solicitor Onda, lecturer on a very pleased to welcome you to today session where I'm going to be taking you through another element off Lost in powers of attorney On in particular will be looking at the position with hearty registered these on also the position with the procedure for these on. With that in mind, we're going to be starting with looking at the creation off a lasting power off attorney. Now, this is where lasting parts of turning. As you know, I can take two forms that could be those which cover property and affairs on their stores which cover personal welfare issues. And these are very useful, insofar enabling the donor than to set these up at the point of which they have capacity. So I was to then enable the attorney or attorneys to take such steps on their behalf as and when it may be necessary. It's very important for the dollar than to ensure that they do carry out the right steps which are necessary for creating the lasting power of attorney and also then for registering this appropriately. Otherwise, it may be the case that the last in private. Tony is not even valid. And this is where if we then go through, somebody tried here for this. And then we look at the actual form itself. So only adults 18 or over can in fact have an LP a made for them. But they can and they could only have GOP a made A two point of which don't have capacity to do so. The opiates self must be in writing so on, but it's got to be in the prescribed format. The forms of recently changed, in fact, has from eight for 2017. So it is going to be the LP one f, which is the pop T on affairs L P. And then there's the other form, which is used for the the health and welfare decision, which the former L P one page ondas far these are concerned. It's very important to ensure that these are then completed on the requisite prescribes Daftari four months on. But the document itself must be such that you complete NSO prescribed information on that Dona would need to sign a statement under form states that they have read to prescribed information or somebody else is ready to things on that you want the LP A to apply when they're no longer have capacity. The document itself needs to name people on. These must not be any of the attorneys who should be told about application of registered GOP. A always should indicate that day do not wish any particular personal person to be named. Attorneys are going to be expected to sign a statement station that they have in fact, to read the prescribed information and that they understand what their duties are in particular in accordance with section one of the mental capacity of a 2005. In terms of ensuring that they are going to be acting in accordance with donors, best interests and also the document itself, T. L. P. A document must include a certificate completed by an independent third party. You must confirm that in their opinion, adult understands the LPs purpose on that. Nobody has used forward undue influence to make them signed on set up the L. P. A. Very important into Fars. Who's going to be the attorney to ensure that the donor thinks long and hard, really before deciding who day which TBD attorney on their behalf. Indie LP A. Obviously, the attorney should be somebody that can rely upon somebody who's competent, real unreliable and who they can trust on. Also, to have the necessary level of skills to be able to carry out the steps started acquired, the attorneys themselves must be 18 or over. Onder for popping affairs Appears the attorney could either be an individual as long as they're not bankrupt at the time that the LP is made. Or it could be a trust corporation, such as a bank or some other institution, for example, and if if you find an attorney nominated under the Property and Affairs LP, A was not bankrupt at a point in which was made. But they are do become bankrupt later than they would not be able to act as an attorney for property and affairs, but they can still act. It was a personal welfare, L. P A. Now, one thing you also find is Section 10 of the act specify specifically on allows the donor specifically to provide for whether they wish for the attorneys to be able to act together. Daddy's jointly, jointly and severally or jointly in respect of some matters and joining a site for several in respect of others. So joined attorneys must act always together. They're gonna have to agree on decisions and signed relevant documents together, joint in several his way to connect together but may also act independently on the other. One is where they can act, certainly on their own in some situations by another matters domain Ito. Joining this could be where one is limiting their right to do certain aspects up to a set of financial amounted. And beyond that, there may need to be acting jointly. That's for example, Onda Section 10 subsection eight of the Act provides that donors may choose to name replacement turns to take over the duties in certain situations on. But this is where the donor may name a specific pretended to be replaced. Replacements can take over for many attorneys necessary indoor circumstances. Now what you're finding is insofar as the position of the registration off thes. It's very important. Short term. This is registered with the office off the public guardian, so let's have a look at death forms. And so the fees have in fact changed us from the first of April 2000 and 17. So that foreign LP A the application fee now has gone down to £82 on for the Indian power of attorney fees, now £82 for a repeat, help your application fee. This has not gone down to £41. Of course, there won't be any feed Powerball if you're gonna qualifies for an exemption for his exemption order, maybe remission that's available for them in those circumstances. So the two forms and let's start with the LP a one F, which is D one relation to property and affairs. So what you find with these these are all available from the office of the public garden they're available online on. Do you bring to access these very easily? There's two parts to the El p A. The first part, which is the actual LP itself. In a second base part, which covers the application for registration itself. Under front page, you'll find that he would need to be setting out details of a donor very important to also set out here any other names that the norm by such as the maddening, for example, that Section two off the form is where he would need to set out the specific details insofar as the attorney on that. This is where that the donor must ensure that they appoint at least one attorney but can have more than one. And in fact, they can also choose replacement attorneys and make provision for them on. But they can step in, for example, if one of your Tony's who's appointed come along act for them. Indoor circumstances at the former emphasizes the fact that the attorney must be at least 18 years old and must have mental capacity to make decisions. The Muslim be bankrupt of subject to any debt relief ordering or circumstances, so it is possible to have certain under form up to four attorneys. But it is possible even to have a continuation sheet to put further attorneys in if needs be. Now, the next part of the former requires deed owner to specify how the attorneys should actually make decisions on their behalf On this is where they can indicate whether they wish to return to be able to make decisions jointly and severally, which is where many people you find up, this one so that this is one way attorneys can make decisions on their own or, indeed, together. Sometimes you may find that the attorney is on inspected to make decisions jointly, which is where all the Italians must therefore agreed unanimously on every decision, whether that's a decision involving a large financial asset or otherwise. But the other option is where one convict a box to say that they wish for the Italian, too Axel that joining on some decisions on joint and severally for others. And this is where, for example, that may provide that they need to adjoining for some decisions. Where there it succeeds a particular financial transaction, for example, in terms of a man on the connect joint and severally in relation to others. Now the next section of the LP, a one often requires want to set out details. Replacement attorneys on that These are backup plan in case one of you rich no attorneys condom make decisions any further. Under replacement attorneys will be up to act in situations whereby the original attorney stops acting for them indoor circumstances. So it's important to bear that in mind Now with E. L. P. A. Governor, property and affairs. It's very important in the next section than to indicate as to when the donor would wish for the attorney to actually make decisions under behalf. And that is they cannot to require them to be allowed to make decisions. As soon as Theo Pia has been registered by the Office of the Public Guardian or ANDI. Only Wendy, a person does not have mental capacity. So unlike the Personal Welfare LP, which can only be used, Wendy Person lacks capacity. And once it's obviously been registered with deep option affairs, R P A. This can actually also be used at a point in which once it's been registered, the person does, uh, may still have capacity to donor, but they would wish for the turn into it. This may be done to practical reasons where they are physically unable to carry out some of those steps themselves down to, say the on disability, for example, and therefore they wish for the year the attorney to act. Even Dody don't at that point still has a capacity so that part of the form has to make that very clear. The second part of the form is optional, and this is where one would need to set out details of people who are to be notified when the opiates to be registered so as to enable them done to raise any objection as to why and whether DLP should in fact be registered or not. For example, if they feel that the donor may be under pressure, he's under pressure to have this stock drum drawn Fordham, for example. So that would be that provision. Thea Other key bit of the opiates that which relates to preferences on instructions on this is where dissection would enable want to then set out what preferences they would wish in terms of what they would certainly invited he attorney to take into account but which isn't binding upon them. So therefore, attorneys don't have to follow the preferences, but they should keep this in mind, of course, when they're carrying out their actions. But then there's another part off DLP, which covers specifically instructions on this is where the attorneys will have to actually follow these instructions exactly as they are. And this is where, for example, this is where if Sadie attorney is a a solicitor, for example, and here there would be a professional charging clause tonight with US lister to charge for the work. This is where one can set out particular instruction in relation to the types of financial matters they can actually embark on. Behalf Donor, for example, in the next section of the opiates, where the attorney must confirm that they will be complying with the various principles under Section one of the Mental Capacity Act on then the L. P A. Would then need to be registered with the office off the public guardian. There would then need to be a signature but a donor where they are confirming up by scientists. They are inviting theater nous to act on their behalf in relation to property and financial affairs, indoor circumstances so that would need to be signed by by the donor or marked by person giving on delivered as a deed. And then the witnesses must not be an attorney replacement. Tony, there must be a chair over who don't have this witnessed. There is tender certificate provided us the other key part off the LP, a form which is somebody who has known the donor personally for at least two years, such as maybe a friend or neighbor or somebody who has relevant professional skills, such as a GP or solicitor, for example. But this difficult provider cannot be one of the attorneys and the purpose of this certificate providers there confirming that they have discussed Ethiopia with a donor and they understand it and doesn't seem to be any evidence to suggest that they are being forced to otherwise into having this help here drawn up for them That done needs to be next section completed. Which the signature off the attorney or replacement Ernie on This is where the attorney by scientists is confirming that they will be acting in accordance with the principles of the Mental Capacity Act, and in particular, have regarding will have the guard elemental capacity actor called a factors in particular. So then you have those signatures by the um, not by the attorney. Now, as I mentioned on the LP A. There is provision for the fact that certain people can be notified when the LPs to be registered. So this is done form L P three on that. This form, it's often is such that this would then be sent to the pope of name to source to neighbor them, then to raise a view on if they wish to object. Once have Bean centered to notice of intention to register than they must raise any objection within three weeks of the date off the notice and the actual form itself to form LP three dozen neighbor them to raise objections. Studies could be these protective for factual objections such as, for example, if the stating that the attorney ordered owner has died or the attorney on donor were married and had a civil partnership. But they have not divorced when did could be factual objections or it could be prescribed. Objection such as, for example, may be arguing that the donor canceled LP A when they had mental capacity. So with the steak, not those fraud, what Adorno was pressurized to make GOP, and it's very important for them to ensure that to raise the objection, there's a former cop seven, which they would send to quarter protection or a the other Form three LP, a double away to which they were sent to the Office of the Public Guardian. Depending on the nature off, the objection that they're actually raising not the second part of the LP, a form one after amnesty actual part of a form where it stipulates that the LP a day needs to be registered and to register then it would need to be sent to the old PG. It's very important to ensure that its registered as early as possible to really deal with any mistakes that may be raised s so that these don't be address whilst the person potentially still has a capacity before they before they lose capacity, not a donor or the attorney can register and who registers depends upon whether Donald and still less capacity indoors circumstances on. It's very important under form to specify who have registered LPs to be sent to and who is to be approached and contacted in the event of any queries that maybe there is in the application fee to be sent, all fees exemption or the mission may be utilized on the newest Andy signature at the end by the I don't have to cough or indeed the applicant if the applicant is the attorney stating that they are planting registered e the Okay, okay, so that's the financial L. P. A. There is a very similar one in relation to the personal welfare wonder is D L P. One page on really the Main difference. Seasons Faras. The health and welfare one is concerned. Obviously this doesn't relate to the property and affairs, but their personal welfare issues. But also with this. The fact is that this can only be utilized, wants the person does actually lack capacity. So unlike the one which relates to property and affairs, this could only be used once that lack capacity. There's also a particular part on the Personal Welfare LP, which relates specifically to life sustaining treatment on these things to set out whether or not specifically and the attorneys to be allowed to give consent to refuse life sustaining treatment for examples. That provision could also be provided for on the form itself on again, just like the other LP, which covers property and affairs. There is provision for people to be consulted in this regard very important. Short at the LP Adonis registered with the Office of the Public Garden before it can be utilized any unregistered L. P A will not give the attorney any legal powers to make any decisions for the dullness of very important to ensure that Daddy's done. And once your completed these forms, it's very important to bear in mind that the right forms then use whether it's the LP which covers property in affairs were health and welfare. So the right forms to be used very important to ensure that the client's name is appropriately used. Andi also, faith is very important. In short, when you're completing the LP, a form that you signed e at a formative right in the right order eso that dates need to obviously corresponded which, when they were signed in that regard Okay, so I hope has been used for four year in so far is going through some of the key issues finding the creation off opiates and all sort of registration process off these Thank you very much for listing. I hope that's been useful. And I speak to you next time. Thanks very much. Bye. For now