LPA Week: The Application Process for Lasting Powers of Attorney

Once you have chosen who you wish to appoint as your attorney and possibly replacement attorney, you can start the application process.

The application can be made online or using papers forms. Either way, the following people are required to sign the forms in the presence of a witness:

1) You as the donor;

2) Your attorneys;

3) Your replacement attorneys.

You must also have a ‘certificate provider’ who signs the form to confirm that you are making the Lasting Power of Attorney by choice and that you fully understand what you are doing.

There is a very strict order which the form must be signed in and if this is not followed, the court will reject the application.

There are optional sections where you can notify people you are making the application. If they have any concerns, they have a certain time period to raise them with the court. It is better to resolve any issues or concerns prior to the Lasting Power of Attorney being registered.

You can also include instructions and preferences for your attorneys about how you would like your affairs to be handled.

At Anthony Gold, we would talk you through each section of the form in detail and give you clear guidance about the different options available. We will ensure the application has been completed correctly to avoid delays with the court and handle the registration.

Although our offices are currently closed, we are still very much open for business. If you wish to discuss the above, please do get in touch and we shall be happy to assist.