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- A donor’s signature must be witnessed by: someone aged 18 or over not a named attorney or replacement attorney An attorney’s signature must be witnessed by: someone aged 18 or over who is not the donor Attorneys or replacement attorneys can witness each other’s signature but not the donor’s.
publicguardian.blog.gov.uk/2024/02/13/your-questions-answered-attorneys-witnesses-and-certificate-providers/Your questions answered: attorneys, witnesses and certificate ...
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- How to Use This Guide
- What Is ‘Mental Capacity’?
- Make Your LPA
- Correcting Mistakes
- Section 1: The Donor
- Section 2: The Attorneys
- Section 3: How Should Your Attorneys Make Decisions?
- Section 4: Replacement Attorneys
- Section 5: When Can Your Attorneys Make Decisions?
- Section 5: Life-Sustaining Treatment
This guide gives you information about making and registering your lasting power of attorney (LPA). It will be helpful to read this guide through before starting your LPA form to ensure no errors are made. You can also refer to it section by section whilst filling in your application.
Your LPA – and this guide – mentions ‘mental capacity’ a lot. It’s important to understand what this means before you make an LPA. ‘Mental capacity’ is the ability to make a specific decision at the time the decision needs to be made. A person with mental capacity has at least a general understanding of: 1. the decision they need to make 2. why the...
Choose form LP1F to make an LPA for property and financial affairs decisions or form LP1H to make an LPA for health and welfare decisions. Start filling in the form now. It will be helpful to read this guide before starting your LPA form to ensure no errors are made. You can also refer to it section by section whilst filling in your application. Wh...
Your attorneys will need to show your LPA document to third parties when they begin to act for you. Therefore, it’s important that all the details on the LPA are correct. Do notuse any type of correction fluid or stickers as OPG won’t be able to register your LPA and you will have to pay again for a new LPA. Each mistake on an LPA form needs to be ...
Fill in section 1
Fill in your (the donor’s) details in section 1 of the LPA form. You can also provide an email address; this would enable us to contact you quicker regarding your application. Give any other names that you use, such as your married name. If your LPA does not include all the names you’re known by, there may be confusion or delays if your attorneys need to use it.
Fill in section 2
Fill in the full names, addresses and dates of birth for your attorneys. Your attorneys may have problems using the LPA if these details are incorrect or missing. The order in which you write the attorneys’ details on the form doesn’t matter. Each attorney is as important as the others. If you want more than four attorneys, mark the ‘More attorneys’ box on this page with an ‘X’. Take a copy of Continuation sheet 1, called ‘Additional people’. For each extra attorney, mark the ‘Attorney’ box o...
More information on section 2
The people you choose to act for you are called your attorneys. You must have at least one attorney. There’s no upper limit on how many attorneys you can have; however, you may want to think carefully about how you want them to work together. Make sure that each person agrees to be your attorney before you name them in your LPA. Your attorney can later object to their appointment which may prevent the LPA from being registered. When selecting attorneys, think about: 1. how many you want to ap...
Fill in section 3
Mark only onebox on this page with an ‘X’. If you’ve chosen just one attorney, tick the box: ‘I only appointed one attorney’ and go to section 4. If you’ve chosen two or more attorneys, you must state how they should make decisions on your behalf. Choose one of three options by marking only one box with an ‘X’: 1. jointly and severally 2. jointly 3. jointly for some decisions, jointly and severally for other decisions If no option is selected, the legislation provides that your attorneys will...
More information on section 3
You must state how your attorneys should act – whether they can make decisions separately, or whether they must all agree on some or all decisions. You need to choose one of three options. The details are below.
Fill in section 4
If you want one or more replacement attorneys, write their details in section 4 of the LPA form. If you don’t want any replacement attorneys leave this section blank when submitting the LPA to OPG; however, you must still include this page within the LPA. If you want more than two replacements, mark the ‘More replacements’ box on this page. Take a copy of Continuation sheet 1, called ‘Additional people’. For each extra replacement attorney, mark the ‘Replacement attorney’ box on the sheet and...
More information on section 4
Replacement attorneys are people you choose to step in if one of your original attorneys can no longer make decisions on your behalf. A replacement attorney will automatically step in if one of your attorneys: 1. dies 2. loses mental capacity 3. decides they no longer want to act on your behalf (known as ‘disclaiming their appointment’) 4. was your wife, husband, or civil partner but your relationship has legally ended (unless you’ve added an instruction for them to continue) 5. becomes bankr...
Fill in section 5
You must choose when you want your attorneys to be able to make decisions. Mark only onebox with an ‘X’. You have two options: 1. as soon as my LPA has been registered (and also when I don’t have mental capacity) 2. only when I don’t have mental capacity
More information on section 5
You can choose whether your attorney can make decisions on your LPA as soon as it has been registered, or that it can onlybe used when you don’t have mental capacity.
Fill in section 5
Remember here unlike the LPA for your property and financial affairs decisions, your attorneys can only begin to act under your LPA for your health and welfare decisions once you have lost mental capacity. You have two options: 1. option A – I give my attorneys authority to give or refuse consent to life-sustaining treatment on my behalf 2. option B – I do not give my attorneys authority to give or refuse consent to life-sustaining treatment on my behalf Sign only oneoption. You mustsign and...
More information on section 5
You mustchoose what you’d want to happen if you needed medical help to keep you alive and you no longer had mental capacity. If you sign option A and ever need life-sustaining treatment but can’t make decisions, your attorneys can speak to doctors on your behalf as if they were you. You can write instructions or preferences for your attorneys in section 7 of the LPA form. See below for some examples. If you choose option B, doctors will make decisions about life-sustaining treatment.
The answer is yes, the certificate provider can act as a witness to the donor’s signature. There is no legal rule preventing the certificate provider from witnessing the donor’s signature on the LPA form.
Feb 13, 2024 · A certificate provider can be a witness if they are over the age of 18 and not one of your attorneys. When it comes to the attorney’s signature, they must be over the age of 18 and not the...
Oct 5, 2023 · You (the donor) cannot witness an attorney’s signature. Making preferences or instructions for your LPA Preferences and instructions in your LPA can cause complications if not done...
Dec 15, 2023 · People who cannot witness a donor’s signature. · Anyone under the age of 18. · One of the attorneys. · One of the replacement attorneys (if applicable) · An employee of a trust corporation that is your attorney or replacement attorney (for Property and Finance Lasting Power of Attorney only)
Attorneys cannot witness the donor’s signature (that of the person making the LPA). All witnesses must be over 18 years of age. The certificate provider can be a witness to the donor’s signature, and is often the best choice, since he or she must be present to certify the LPA anyway.
