Înregistrarea unei procuri durabile
Cum să creați și înregistrați o procură durabilă pentru sănătate sau finanțe.
Prezentare generală
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types: Property and Financial Affairs LPA (can be used while you still have capacity, with your consent) and Health and Welfare LPA (can only be used when you lack capacity). LPAs are governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian (OPG) before they can be used.
Proces pas cu pas
Choose Your Attorneys and Type of LPA
Decide who you want to appoint as your attorney(s) — they must be over 18 and have mental capacity. Consider whether they should act jointly, jointly and severally, or jointly for some decisions and severally for others. Decide which type of LPA you need (or both).
- Choose someone you trust completely — they will have significant power over your affairs
- Consider appointing a replacement attorney in case your first choice cannot act
- You can have different attorneys for each type of LPA
Complete the LPA Forms
Complete the LPA online at gov.uk/lasting-power-of-attorney or using paper forms (LP1F for property/financial, LP1H for health/welfare). You must include a 'certificate provider' — an independent person who certifies that you understand the LPA and are not being pressured.
- The certificate provider can be someone who has known you for at least 2 years, or a professional (solicitor, doctor, social worker)
- You can add preferences and instructions to guide your attorneys
Sign and Witness
The LPA must be signed in a specific order: (1) you sign first, (2) the certificate provider signs, (3) each attorney signs. Each signature must be witnessed by an independent witness (who is not an attorney or certificate provider).
- Follow the signing order exactly — an incorrect order will invalidate the LPA
- Keep the original in a safe place
Register with the Office of the Public Guardian
Submit the completed LPA to the OPG for registration. You can register online or by post. There is a registration fee. Registration typically takes 8–12 weeks. The OPG will notify you and any 'people to notify' that you named in the LPA.
- Register the LPA as soon as possible — it cannot be used until registered
- You can apply for a fee exemption or remission if you receive certain benefits or have a low income
Costuri
Avertismente importante
An LPA can only be made while you have mental capacity. If you lose capacity without an LPA, your family may need to apply to the Court of Protection for a deputyship order — which is more expensive and restrictive.
An attorney who abuses their position can be removed by the OPG or the Court of Protection.