How Do I Get A Copy Of My LPA?

A Lasting Power of Attorney (LPA) is an important legal document that allows you to appoint someone you trust (an attorney) to make decisions on your behalf, should you lose mental capacity. There are two types of LPAs:

1. Property and Financial Affairs LPA – This allows your attorney to make decisions about your finances, such as managing bank accounts, paying bills, and even selling your property.
2. Health and Welfare LPA – This enables your attorney to make decisions regarding your health, including medical treatment, living arrangements, and day-to-day care, but only when you no longer have the capacity to make these decisions yourself.

Once your LPA is created and registered with the Office of the Public Guardian (OPG), it is vital to ensure that you, your attorney(s), and any other relevant parties have access to the document. Losing track of your LPA, or needing additional copies for different institutions or attorneys, can cause delays and complications. This article explains the process for obtaining a copy of your LPA and the steps involved to ensure everything is handled smoothly.

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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Step 1: Determine What Kind of Copy You Need

Before proceeding to obtain a copy of your LPA, it’s important to understand the different types of copies and which one you require. There are two main options:

1. Ordinary Copy: This is a photocopy or printed version of your LPA, which does not carry any legal weight. It can be useful for personal reference or sharing general information, but it cannot be used by your attorney(s) or presented to institutions to prove the legal authority granted under the LPA.
2. Certified Copy: A certified copy is a photocopy of the original LPA that has been signed and certified by a solicitor or a person authorised to administer oaths. This type of copy holds the same legal status as the original LPA and is often required by banks, healthcare providers, and other institutions where the attorney(s) may need to act on your behalf.

Step 2: Check If You Have a Certified Copy

When your LPA was first created and registered with the OPG, you may have received several certified copies at that time. It’s worth checking if you already have one stored safely. If you engaged a solicitor to prepare and register your LPA, they may have retained a copy or given you advice on where to keep it.

If you have an existing certified copy, it is legally valid and can be used without the need to request a new one. However, if you need an additional certified copy or cannot locate the original, follow the steps outlined below.

Step 3: Request a Certified Copy from the Office of the Public Guardian (OPG)

If you do not have a certified copy of your LPA, or you need an additional one, you can request it from the Office of the Public Guardian (OPG). Here is the process:

1. Contact the OPG:

The OPG holds the registration records for all LPAs in England and Wales, and they can provide a certified copy if requested. You can contact them by phone, email, or post. You will need to provide your details, including your full name, date of birth, and the LPA reference number if available.

2. Provide Necessary Information:

The OPG will require specific details to locate your LPA, including:

• The name and address of the donor (the person who made the LPA).
• The names and addresses of the attorneys.
• The date the LPA was registered.
• The type of LPA (Property and Financial Affairs or Health and Welfare).

If you do not have your LPA reference number, the OPG can still find the LPA using this other information.

3. Pay the Fee:

There is a fee for obtaining a certified copy of your LPA from the OPG. The current fee can be confirmed with the OPG at the time of your request, but as of recent years, the fee is usually modest. It’s important to note that if you are receiving certain means-tested benefits, you may be eligible for a fee reduction or exemption. You will need to provide evidence of your eligibility for this.

4. Processing Time:

Once you have submitted your request and paid the fee, the OPG will process your request. It usually takes a few weeks to receive your certified copy, although this can vary depending on the volume of requests they are handling.

Step 4: Request a Certified Copy from a Solicitor

If you had your LPA prepared by a solicitor, they may be able to provide you with a certified copy. Solicitors often keep records of important legal documents, so if your LPA was registered with their assistance, it’s worth checking if they still hold a copy on file.

A solicitor can also create certified copies of your original LPA. The solicitor will make photocopies of the original and certify each page with a statement confirming that the copy is a true and complete copy of the original document. They will also sign and date each page, ensuring that it carries the same legal authority as the original.

This can be a quicker option if you need a certified copy urgently, as it avoids the waiting time associated with the OPG’s processing system.

Step 5: Certify a Copy Yourself (In Limited Circumstances)

If you are the donor (the person who made the LPA) and still have mental capacity, you can certify your own copy of the LPA in some cases. This is a helpful option if you still have the original LPA document but need additional certified copies.

To certify a copy yourself, follow these steps:

1. Make a photocopy of the original LPA: Ensure that the copy includes every page of the LPA, including any covers or accompanying documents.
2. Write the certification wording: On every page of the copy, you must write the following statement:
   “I certify that this is a true and complete copy of the corresponding page of the original Lasting Power of Attorney.”
3. Certify the final page: On the final page of the document, you must add:
   “I certify that this is a true and complete copy of the Lasting Power of Attorney.”
4. Sign and date the certification: Underneath the certification statement on each page, sign your name and write the date of the certification.

Remember, this option is only available to the donor, and only if you still have mental capacity. Attorneys cannot certify an LPA themselves; they must use a solicitor or other authorised individual for certification.

Step 6: Prevent Future Issues with LPA Copies

Having easy access to certified copies of your LPA is essential for both you and your attorneys, especially if your attorneys need to act on your behalf with institutions such as banks, hospitals, or care homes. To prevent future issues, consider the following tips:

• Request multiple certified copies: When you initially register your LPA, consider requesting multiple certified copies from the OPG or having your solicitor create extra certified copies. This ensures that both you and your attorneys have copies readily available when needed.
• Keep the original document safe: Store your original LPA in a secure, easily accessible location, such as a safe or a locked drawer. Ensure that someone you trust knows where the document is stored.
• Distribute copies appropriately: Provide certified copies to your attorneys or any institutions that may require them in the future. This can prevent delays in the event that your attorneys need to use the LPA.
• Work with a solicitor: If you’re unsure about how to obtain certified copies or want to ensure your LPA is properly managed, working with a solicitor can provide peace of mind. At Blackstone Solicitors, we can help you create, register, and maintain your LPA, ensuring that your affairs are always in order.

Conclusion

Obtaining a copy of your Lasting Power of Attorney is a straightforward process, whether through the Office of the Public Guardian, your solicitor, or by certifying a copy yourself if you are the donor. It is essential to have certified copies available, as they hold the same legal status as the original document and are necessary for attorneys to act on your behalf.

How we can help

We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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