How Long Does It Take to Set Up a Lasting Power of Attorney with Speak For Me LPA?
How Long Does It Take to Set Up a Lasting Power of Attorney?
Working as a Lasting Power of Attorney Consultant I am often asked how long it takes to set up a Lasting Power of Attorney. In this blog, stages involved in setting up an LPA, from the initial considerations to the final registration will be explained and I will set out how long it takes working with a client to create a Lasting Power of Attorney through Speak For Me LPA.
Lasting Power of Attorney and Advance Care Planning
Setting up a Lasting Power of Attorney (LPA) is a crucial step in Advance Care Planning, ensuring that someone you trust can support you to make decisions or make decisions on your behalf if you lose capacity to do so yourself. While it's a vital legal tool, many people are unsure about how long the process takes and around 77% of people think an LPA can be set up when needed according to a recent Which? poll. Understanding the timeline can help to plan effectively and highlights the need to plan ahead.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows a person to appoint one or more people to support decision making make decisions on their behalf if you lose mental capacity or decide you no longer want to make decisions for yourself. There are two types of LPA:
Health and Welfare LPA: This allows your attorney to make decisions about your personal healthcare and welfare, such as daily care, medical treatment, and life-sustaining treatment.
Property and Financial Affairs LPA: This allows your attorney to manage your financial matters, including paying bills, managing bank accounts, and selling property.
It's possible to set up one or both types of LPA depending on your needs, I recommend completing both at the same time for ease.
The Steps Involved in Setting Up an LPA
Setting up an LPA involves several steps, each of which takes time. Here’s an overview of the process:
Choosing Your Attorney(s)
Completing the LPA Forms
Signing and Witnessing the LPA
Notifying Relevant People
Submitting the LPA for Registration
Waiting for Registration
1. Choosing Your Attorney(s)
The first step in setting up an LPA is choosing your attorney(s). This is a significant decision, as your attorney will have the authority to make decisions on your behalf. It’s essential to choose someone you trust completely, who understands your wishes and will act in your best interests.
This step might take a while if you need to consult with potential attorneys or discuss the responsibilities involved. While this stage doesn’t have a fixed timeframe, it’s wise to take the time needed to ensure you’re making the right choice.
Estimated Time: Variable (from a few days to several weeks)
2. Completing the LPA Forms
Once you’ve chosen your attorney(s), the next step is to complete the LPA forms. These forms can be filled out online or on paper. The forms require detailed information about the donor, the attorneys, and any preferences or instructions regarding how the LPA should be used. I always use the online method as it enables me to track the process on applications (please note that on line applications must be down loaded to be signed and sent to the Office of the Public Guardian).
Estimated Time: I complete a first draft within 48 hours following agreement of attorneys. The draft will be sent to a client to check and review, we will agree any amendments.
3. Signing and Witnessing the LPA
After the forms are completed, they need to be signed by the donor, the attorney(s), and the certificate provider. The certificate provider is an independent person who confirms that the donor understands the LPA and has not been pressured into signing it. For clients who are based locally I will be the Certificate Provider, for those further afield we discuss and agree the most appropriate person for the role.
All signatures must be witnessed, and the signing must follow a specific order:
The donor signs first.
The certificate provider then signs.
Finally, the attorney(s) sign.
Estimated Time: 1 to 3 weeks
4. Notifying Relevant People
If you have named any ‘people to be notified’ in the LPA, they must be informed before the LPA is registered. These individuals have the right to object to the registration if they believe there is a problem.
You must give them a notice of intention to register the LPA, and they have three weeks from the date of notification to raise any concerns.
Estimated Time: 3 weeks (if applicable)
5. Submitting the LPA for Registration
Once the LPA is signed and all relevant people have been notified, the final step is to submit it to the Office of the Public Guardian (OPG) for registration. The OPG is responsible for registering LPAs in England and Wales. I complete this stage after a full and thorough check of the paperwork.
The LPA cannot be used until it has been registered, so this step is crucial.
When submitting the LPA, the completed forms must be sent with appropriate fees and evidence and forms (if appropriate) for exemption or remission.
Estimated Time: 1 week to submit the application
6. Waiting for Registration
After the LPA has been submitted, the OPG will review the application and ensure that everything is in order. This review process typically takes up to 20 weeks, but it can take longer if there are errors in the application or if the OPG is experiencing delays.
Each LPA will go through the stages of waiting, received, checking and processed.
This is what you can see when an LPA is created on line once it has been submitted to the OPG, depending on which stage the LPA has reached.
During this period, the OPG will also notify the donor and the attorneys that the LPA has been received and is being processed. If there are no objections or issues, the OPG will register the LPA and return the original documents to me (as the correspondent). I then cover the LPA with protective folders and return to clients with information included on what to do when LPA registration is complete.
Caution optimism…
I track all client LPAs sent to the OPG weekly to ensure progress, update clients and monitor return times; on average LPAs are being returned at 13 weeks however some are quicker than this and others nearer the 20-week point. I am cautiously optimistic that waiting times seem to be reducing.
Estimated Time: 20 weeks (5 months)
Factors That Can Affect the Timeline
Several factors can affect how long the process takes and I will separate these into factors pre-registration, signing and post registration.
Pre-registration
At the drafting stage there can be delays if a client is unsure who to choose as an attorney or of any particular instructions. This part is crucially important and there is much to be considered such as how the attorneys act, when and how replacement attorneys’ step in and any preferences or instructions. For Property and Finance LPAs, there is also discussion around when the LPA can take effect.
My role at this stage is to answer questions, present different scenarios to support client decision making and to discuss the options available.
Signing
The signatory stage can be delayed if it is challenging to arrange for all parties to be present to sign, if documents are delayed (for remote signing) or if errors are made on documents returned when remote signing.
My role at this stage is to manage the process and co-ordinate signing with all parties involved.
Post registration
Once submitted to the OPG the 20-week potential process begins. Whilst not common, it is possible for the OPG to lose the documents in the system. It is also not unknown that the online tracking is not updated so different LPAs for the same person and submitted at the same time can show as both waiting and processed at the same time.
If there are no errors in the application this process should be completed in 20 weeks. If the OPG has any objections relating to the application, or evidence for exemption or remission (if appropriate) this would delay the process.
If a Notified Person (someone named on the LPA application as a person to notify) objects to the LPA, this can significantly delay the process. The OPG will need to investigate the objection, which can add several weeks to the timeline.
By this stage my role is one of a weekly check in. If there are any queries with the application I manage these and I follow up any LPAs that extend beyond the 20 week wait time.
How I work with clients to reduce delays in LPA applications
I am exceptionally proud of the service I offer through Speak For Me LPA and my role extends far beyond simply drafting documents. I support clients in considering options and decision making, work with mutually agreed deadlines to for timely progress and take responsibility for managing the LPA from beginning to end.
Completing work in this way ensures the LPAs become a reality rather than an item on the to do list.
To find out more about how I can support you to complete your LPAs contact me .