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How to fill in the lasting power of attorney form

When you’re choosing what sort of decisions you need help with, there are two kinds of Lasting Power of Attorney (LPA) forms. 

To fill in the lasting power of attorney forms correctly you (the donor) need to choose trusted people (attorneys) to make financial or health and care decisions on your behalf. The LP1F form is for financial decisions while the LP1H form is for health and care decisions.

Although an LPA is primarily used if you lose mental capacity, you will need to have mental capacity to create an LPA in the first place. Remember when we’re explaining how to fill in your LPA forms that your LPA is for England and Wales only.

Forms you’ll need:

LPA Form LP1F and LP1H

Do get the forms and start filling them in alongside this guide, you can always reach out to us for expert estate planning advice

How to fill in a Financial LPA form (LP1F) and Health and Care form (LP1H)

Before you start filling in the official form there is a page to make notes on. You might find it useful to include information about the people who will be involved

To begin:

Section 1, The Donor.

This is about the donor, you. Fill in your:

  1. Title
  2. First Name
  3. Last Name
  4. Any other names you’re known by
  5. Date of Birth
  6. Address and Postcode
  7. Email address (optional, but highly recommended)

Section 1 of LP1F

Image: Section 1 of LP1F

Section 2, The attorneys.

This is about the attorney(s), the people you trust to make decisions for you. Fill in their:

  1. Title
  2. First Name
  3. Last Name
  4. Date of Birth
  5. Address and Postcode
  6. Email address (optional, but highly recommended)
  7. Repeat this process for each attorney

Section 2 of LP1F and LP1H

With the LP1F financial form, If you choose to appoint a professional, like a solicitor, you must name the individual. You can’t just write the name of the firm or give a job title. For complex financial matters you can use a trust corporation, it

The LP1H must have a person, and not a company as an attorney. 

Section 3. How should your attorneys make decisions?

There are three options here, you only need to mark one:

  • Jointly
  • Jointly and Severally
  • jointly for some decisions, jointly and severally for other decisions

Section 4 (optional)- Replacement Attorneys

Use this section if you want to replace attorneys.

A replacement attorney takes over if your previous attorney:

  • Passes away
  • Loses mental capacity themselves
  • Decides to disclaim their appointment
  • Was previously a spouse or civil partner but the relationship legally ends
  • Is subject to Debt Releif Order or Bankrupt themselves.

Section 4 of LP1F - Replacement Attorneys

Image: Section 4 of LP1G

Section 5 – When can your attorneys make decisions? (LPA for financial decisions only)

Use this section to indicate when you want your attorneys to be able to make financial decisions for you, you have two options, only mark one:

  1. When I don’t have mental capacity, or
  2. As soon as the LPA is registered (and when I dont have mental capacity

Section 5 What can you make a decision on

Part A5 – Life-sustaining treatment (health and care LPA only)

Use this section to indicate when you want your attorneys to be able to make health and care decisions for you, you have two options, only mark one:

  1. Attorneys have authority over life sustaining treatment
  2. Attorneys do not have authority over life sustaining treatment.

Life-sustaining treatment’ means care, surgery, medicine or other help from doctors that’s needed to keep you alive.

Section 6 (optional) – People to notify when the LPA is registered

Use this section to notify people upto five people when your LPA is about to be registered. It gives them a chance to object, or raise any concerns if they think you were pressured into the arrangement.

Section 7 Preferences and instructions

Most people leave this page blank but you can give specific instructions on what to do with specific investments or in specific situations. 

Preferences – Are what you’d like your attorneys to think about when they make decisions for you. It’s for them to bear in mind, not explicit instructions they have to follow.

Instructions – State what your attorneys must do when acting on your behalf, use words such as ‘must’, ‘shall’, ‘have to’

Examples of preferences and instructions

Preferences for health and care Preferences for financial affairs Instuctions for Health and Care Instuctions for Financial affairs
I prefer to live within 3 miles of my brother I like to reinvest 80% of interest from each years interest into an ISA My attorneys must not move me into care unless, in my doctors opinion, i can no longer live independently My attorneys must consult an independent financial advisor when making investments over £20000
Id like to be prescribed generic medication when it becomes available I’d like to keep a minimum balance of £2000 in my main account My attorney must not consent to any medical treatments involving blood products My attorneys must not sell my house, unless in my doctors opinion, i can no longer live independently
I would like to exercise four times every two weeks as long as i am physically able. I prefer ECG funds My attorneys must ensure i am only given vegan food My attorneys must not make any gifts
I’d like to spend time out doors every morning Id like my attorneys to speak to my sister and doctor if they think im losing mental capacity My attorneys must instruct an accountant to do my tax return
I’d like my pets to move into care with me I want to donate £300 to the RSPCA every year
Id like weekly haircuts

 

If you’re not sure what you can and can’t write in this section, it’s best to get legal advice to be certain.

Everyone involved must read the legal agreement (‘Deed’) and sign the agreement.

For more detailed help and advice please dont hesitate to speak to one of our advisors and get estate planning advice

How can I get power of attorney forms

You can get all of the power of attorney forms from the .GOV here 

Can you buy power of attorney forms?

You can buy power of attorney forms from places like Amazon, typically these kits are designed to make the process of applying easier. 

However, if you don’t know exactly what you’re doing, you can wind up wasting money on the wrong kit and if you do know what you’re doing there’s no need to pay for the kit, you might as well use the free one above

What happens if i make a mistake on my LPA application?

If your LPA isn’t registered you can cross through mistakes. The corrections must be initialled by the person completing that particular section of the form and their witness if appropriate.

What if i need help completing my LPA application

At Joslin Rhodes we take a holistic approach to estate planning so you can be sure you’ve got a comprehensive LPA.

If you have any queries or questions please do not hesitate to get in touch with one of our advisors 

Don’t take our word for it…

Meet some of our clients and see what they think of us,
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