I often get asked why an LPA is important when talking to clients if they don’t have any concerns about mental capacity at the time we are having our discussions. I explain to customers that it is important that LPA paperwork is completed and signed and witnessed as early as possible because if everyone waits until they have mental capacity concerns, they will lose their right to make decisions about who they wish to gain control over their affairs. LPA paperwork allows a person to make the decision themselves about who can gain control and whether there are any limitations to the control they allow the attorneys to have. 

 

Once the LPA paperwork has been filled out, signed and witnessed correctly the person giving LPA can make a decision about whether to file the paperwork immediately with the Office of Public Guardian or to hold onto the paperwork for it to be filed at a later date. Additionally, you can make a decision within the paperwork about when the people can act on your behalf.

 

For example, you can decide if the LPA takes effect immediately when the people have your express permission or if they can only act on your behalf when you no longer have the mental capacity to deal with your affairs on yourself. Presently it is taking approximately 28 weeks for the registration of an LPA process to be completed. It is important that these timescales are taking into consideration when determining the best time to register the paperwork for an LPA.