There are important roles that make the LPA function efficiently.
The Donor is the person in whose name the LPA is registered. The LPA is protecting the Donor and therefore they are the central figure of the entire process. The must be over eighteen years old, be an individual as opposed to a firm or company and must have mental capacity at the time the LPA is registered.
The Donor appoints his Attorney or Attorneys to act on his behalf in the event that he loses capacity to make decisions on his Property and Financial Affairs or his Health and Welfare. The Attorneys must be over eighteen, be well known to the Donor and, if the Donor wishes, may be a Trust Corporation like a bank or solicitor.
It is usual to appoint two Attorneys; although in theory, there is no limit.
Nominating a replacement Attorney is advisable in case the main Attorney cannot act for whatever reason.
The Donor is required to name up to five people who they wish the OPG to notify when the LPA is registered. They should be responsible individuals but the nominated Attorneys and Certificate Provider cannot also be Named Persons.
The Certificate Provider certifies that the Donor understands the purpose of the LPA and its scope of authority. They confirm that the Donor did not suffer undue pressure to make the LPA and no other circumstances prevented the creation of the LPA.
The Certificate Provider must have known the Donor for at least two years or be a professional with skills capable of assessing a person’s mental capacity.
Witnesses are required at the time the various parts of the LPA are signed.
Office of the Public Guardian (OPG)
The OPG supports and promotes decision making for those who lack capacity or would like to plan for their future, within the framework of the Mental Capacity Act 2005. The OPG is responsible for the LPA registration process.
Tomorrow – A simple overview of creating a LPA