LPA - how to obtain a copy?

[Soybean31]

A few years ago, my parents took out LPA for health and finances, which they arranged through a solicitor. They signed the documents, which were then sent to me for signature and witness signatures. I then returned these to the solicitor, for registration. Following on from this, I expected to receive some sort of confirmation/ copy but never did, is this correct? If I ever needed to refer to their wishes, I have no way of looking this up. Can anyone advise please? Thank you

You need to contact the solicitor.

An LPA is held by the Office of the Public Guardian. Are you definitely an attorney or just a witness? You should have received some kind of letter directly from the OPG to confirm registration of the LPA if you’re an attorney. You should be able to contact the OPG directly, however it also depends on which kind of LPA your parents arranged. Some only kick in once they’ve lost mental capacity, in which case you probably won’t be allowed to view it. If they arranged the ones where you can act as an attorney for them even if they do have capacity, you may be able to ask to see them. Do your parents not have a copy?

We are in this position. After asking the person who organised it, we were told our FIL has the original copy and needs to sign it for us to use.

For anyone reading this thread, don’t go through a solicitor or anyone else to make an LPA - decent solicitors will just direct you straight to the government website to do it yourself (www.gov.uk/power-of-attorney). Dodgy ones who are just after the cash will charge you £££ to do something ‘on your behalf’ that’s easily done online. You will have direct access to your own documents online without the faff of having to go back to a solicitor!

When it was being done I received a letter for both advising me that I was being put forward to have LPA for my DF, so that I could refuse if I wanted.

I am in the process of getting one done for my parents. Go through Gov.UK and fill in the form there. It costs £82 each. No reason at all to use solicitors who will charge the earth. I have heard of charges of over £600 to set one up through a solicitor. The Gov.UK form is really easy to do yourself.

I know the original poster isn’t asking where to get LPA done but didn’t wanted to pass by without recommending this is done on the gov.uk website.
I did DF’s will approximately 5 years ago via a solicitor who gave us the really hard sell about LPA and wanted to charge £700 in addition to the will charge. We didn’t take up his generous offer and did it via gov.uk.

Thanks everyone for your replies; I am definitely an attorney as I asked my friend to do the witness signatures on the forms. There were 4 documents in total - two for my my Mum and two for Dad. Unfortunately, my parents did pay a solicitor to manage the process for them, despite me advising them that the forms were available online! I agree with the other posters as to what a waste of money this is!
I do remember receiving some letters stating that I was going to be registered, so will have to see if I still have these. I just find it odd that I don't have an actual copy of what we all signed.

Thanks again for all the advice and replies.

@ElphabaTheGreen

An LPA is held by the Office of the Public Guardian. Are you definitely an attorney or just a witness? You should have received some kind of letter directly from the OPG to confirm registration of the LPA if you’re an attorney. You should be able to contact the OPG directly, however it also depends on which kind of LPA your parents arranged. Some only kick in once they’ve lost mental capacity, in which case you probably won’t be allowed to view it. If they arranged the ones where you can act as an attorney for them even if they do have capacity, you may be able to ask to see them. Do your parents not have a copy?

I think it was the one where I can act only when they've lost mental capacity, which my Mum lost a while ago. My Dad is her full time carer and is really struggling.

I assume the GP decides when the LPA kicks in ?
I’d like to know as I have them for my DF.

OP - as long as you have a documented declaration from a relevant health or social care professional (GP, social worker, OT etc) that your poor mum has lost mental capacity, you should be able to access her LPAs by contacting the Office of the Public Guardian directly. The contact details should be locatable via the link I posted above. I’d phone and be prepared to be on hold for a while. Don’t bother emailing - they get ignored...

The donor should receive from the solicitor a copy of the document once it has been validated by the OPG. A decent solicitor will provide the donor with more than one copy, as you will need to show a copy to every one you deal with when you act as attorney. So you need to start by chasing it up with your parents (who may have felt you didn't need a copy until they lost capacity). Failing that, the solicitor, who may not be prepared to deal with you direct, only via your parents.

@DinosaurDiana The two LPAs are different as to when they "kick in." I assume you registered both with the OPG as soon as they were drawn up. The Health and Welfare one kicks in only when the donor ceases to have capacity to make decisions, and the guidance makes clear that capacity is assessed on a decision by decision basis - they may have capacity to decide what they want for lunch but not as to whether they should continue to live independently - and that capacity can be regained This means there can be no certificate issued by GP or anyone else, that "This person no longer has capacity". In practice the medical people dealing at the time make this decision, and will turn to the person with PoA - provided you've made them aware that you have PoA.

The Finance one differs in one respect - the donor may, if he/she wishes, set it up so that it can take effect while the donor still has capacity. This allows, for example, the donor to manage a bank account for day to day spending, while their attorney manages their savings or makes sure that the utilities bills are paid. It's clear on the document whether the donor has said that it can take effect while he/she still has capacity.

As previous posters have said you should have a letter from the OPG to say registered with them.If you feel it would help your father with day to day running of finances then discuss it with him,then contact their solicitor to advise and obtain a certified copy for you to use and register with banks etc. When my widowed mother fell & broke her hip leaving her housebound,with her permission I contacted her solicitor and bought the POA into use,this was 5 years ago.Has proved invaluable now she is in a care home.The POA was made in 2006,just held at the solicitors for when needed.

@daisy118 @MereDintofPandiculation thank you, some helpful advice there.
I've dug around in our files and I've found all the registration letters from the OPG, so will try and source certified copies next from the solicitor. Thanks everyone for your help with this.

@ElphabaTheGreen thank you...I don't think she's been formally declared that way as yet, despite numerous hospital in patient stays and multiple nurses and consultant scratching their heads as to what to try next. I've made some progress today, so that's something

The Opg should be able to tell you if it was registered. It cant be used unless registered.

I would look to finding the original and go from there.

OP - I’m a healthcare professional myself so I know how difficult this is and my FIL was recently terribly ill without an LPA in place so I know from both sides of the fence how important they are and how stressful this must be! My LPA went in so fast when it all kicked off with my FIL, the ink was barely dry before it went in the post. I can’t recommend strongly enough that everyone, regardless of age gets LPAs in place.

MereDinto is exactly right when she says ‘mental capacity’ is not a blanket declaration of mental state, but must relate to a specific decision. Additionally, finances are a whole different can of worms that need a different kind of assessment to determine that a person lacks capacity to manage them, given that this area is so much more open to abuse than, for example, deciding to put someone in a nursing home against their wishes if they don’t have the capacity to see that they are no longer safe to live at home. Does your mum have a social worker? S/he should be able to advise on the steps you need to take around proving capacity to activate the LPA if the OPG aren’t terribly helpful.

When I needed my mums LPA, it had been held at the solicitors who set it up.

Complete an OPG100 (anyone can do it online) then they search the register and give you confirmation

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/881736/opg100-find-out-if-someone-has-a-registered-attorney-or-deputy.pdf-

My brother and I did both LPAs for our Dad We were attorneys for him. I was sent the original completed documents. Each page embossed by OPG stamp. These had to be returned to OPG when he died. Prior to receiving these we were sent a letter confirming LPAs where registered. I also would encourage everyone to use Government site to download relevant documents and do it your self rather than use an expensive solicitor

@mouse70 @ElphabaTheGreen my parents have found the OPG certified ones - the LPA's have the cut out stamps on every page. The documents still look like photocopies rather than originals though, because the signatures are flat.
Thank you to everyone for your help. I've spoken with the solicitor that dealt with this and so have my parents. We're going to source certified copies for me to hold as well.

So glad you are getting it sorted. Just to emphasise for those reading the thread for advice please go to the site detailed above and complete either lpa needed yourself. Just done ours and it is a very simple and quick process (though in Covid times the signing and witnessing bit is a pain). Our solicitor (a partner in what is meant to be a local reputable firm) made no mention of this option when we enquired.

If anyone reading this needs to do one - do not use a solicitor! You can complete it all online as long as you have a printer (forms need signing). They are very simple. Solicitors charging £200+ disbursements (which I've seen) are preying on the vulnerable. It's £82 online

Does anyone know how you juggle revoking an EPA and replacing it by an LPA? I’m thinking that if I try to register an LPA with an existing EPA, it won’t work. But if I sign the deed of revocation and send it with the LPA, during the processing by the OPG I won’t be covered by either.

Maybe it’s different in Scotland, but my dad just gave me a copy when he set up his and my mums, naming my sister and I as attorneys. They did use a solicitor. My PIL also used a solicitor and although they’ve not given DH a copy, he knows where it is in their house. Can you ask your parents for a copy? Or find it at their house? Sorry if I’m missing something.