We recently received an email from a client who asked how long it takes to create a Lasting Power of Attorney (LPA).
Their loved one had been diagnosed with a brain tumour, and the prognosis wasn’t good. It was likely that she would live only for a few more months.
She needed to make an LPA as soon as possible so that she could appoint someone to make decisions on her behalf when she lost the capacity to make them herself.
Putting in place an LPA would also ensure her loved ones could access her bank accounts and pay for any care she might need as her condition deteriorated.
Obviously, in situations such as these, speed is of the essence.
Without an LPA, your loved ones may need to apply to the Court of Protection to be appointed as your ‘deputy’ to act on your behalf. This can be expensive, and is a lengthy process, often causing unnecessary delays and adding extra stress at an already difficult time.
Making an LPA
To make an LPA, you must complete certain forms which are signed and witnessed and then returned to the Office of the Public Guardian (OPG) for registration.
The new Powers of Attorney Act, which received royal assent in September 2023, will modernise the LPA process by introducing a digital channel to make LPAs. However, currently, applicants must fill in hard copies of the documentation to be returned to the OPG by post.
At Bookers & Bolton, it generally takes us around 12 days to draw up LPAs and prepare them for sending to the OPG, provided the relevant parties sign their sections of the paperwork as soon as they receive them.
It then takes the OPG around eight to ten weeks to process and register LPA applications, which includes a statutory waiting time of four weeks.
Any mistakes with an application, such as missing pages or signing in the wrong order, may mean the LPA is returned and makes the process even longer. Around 15% of applications the OPG receives contain errors.
Solicitor for Urgent LPA Applications
When we work on urgent LPAs, we try to speed things up by including a note with the LPA forms explaining the situation and asking for the application to be made a priority.
However, there is no guarantee that this will work.
The OPG is inundated with applications. The latest figures show that, on average, the OPG receives around 67,000 LPA applications each month, which is about 3,100 every day — all on paper.
There is a legal four-week wait before the OPG can register an LPA, designed to give any named persons a chance to object. When the OPG starts to process your LPA, they will send a notification letter informing you of this.
At this point, we can phone the OPG with the reference number they have given and explain that the LPAs are urgent in another bid to make the process faster.
However, if you phone them before you receive the letter, they will say that it is too soon and they can’t help.
LPA Solicitor Near Me
The only way to ensure your LPA is in place for when you need it is by making it in good time.
Some people think that LPAs are only relevant to older people. This is not the case. Capacity can be lost for various reasons, not just through dementia or old age. An accident, illness, or mental health problems may mean you lose capacity on a short-term or permanent basis.
Ensuring you have an LPA in place, even when you are in good health, reassures you that if you subsequently suffer an injury or illness that results in you losing capacity, you will be looked after by someone of your choosing.
In many ways, an LPA is more important than a Will as it acts as a valuable insurance policy for you and your loved ones by protecting you when you need it.
LPAs can be made by anyone over the age of 18 who has mental capacity. Making an LPA doesn’t mean you use it straightaway – it only comes into effect when you need it to.
If you haven’t made your LPA yet, get in touch with us today.
Click here to read our previous blog: How to use an LPA.
LPA Solicitors Alton, Hampshire
Creating a Lasting Power of Attorney can be complex. Mistakes can prove costly and cause significant delays to the application process.
The best way to ensure your LPA is made correctly and efficiently is to seek specialist legal advice from a solicitor with experience in Lasting Powers of Attorney.
At Bookers & Bolton, our Lasting Powers of Attorney lawyers in Alton, Hampshire, will guide you through the process practically and compassionately. We can help by drawing up Lasting Powers of Attorneys on your behalf or by completing the entire registration process.
Find out more about our powers of attorney legal service by clicking here.
Get in Touch
If you would like further information or advice regarding our Lasting Power of Attorney services, please get in touch with us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or make an online enquiry here.
We can also help you with Wills, Probate, Family Law, Conveyancing and Business Law services.
