Lost LPA

A Lasting Power of Attorney (LPA) is an essential legal document that allows you to appoint one or more trusted individuals (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types of LPAs in England and Wales:

1. Property and Financial Affairs LPA – This authorises your attorney(s) to manage your finances, such as paying bills, managing bank accounts, or selling property.
2. Health and Welfare LPA – This allows your attorney(s) to make decisions about your medical care, living arrangements, and other personal matters if you are unable to do so.

Once an LPA has been signed, witnessed, and registered with the Office of the Public Guardian (OPG), it is crucial to keep the document safe. However, losing an LPA can be stressful, as it may affect your or your attorney’s ability to act on your behalf when needed. In this article, we will guide you through the steps you should take if your LPA has been lost, how to replace it, and what actions you can take to prevent future problems.

Please click here to find out more about our Wills and Lasting Power of Attorney Services.

Free Initial Telephone Discussion

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: Search Thoroughly for the Missing LPA

Before jumping to conclusions, it’s important to thoroughly search for the missing LPA. Sometimes, LPAs can be misplaced due to poor organisation or overlooked when stored with other important documents. Take the following steps to conduct a careful search:

• Check common storage locations: Ensure you have checked all obvious places where important documents might be stored, such as safes, filing cabinets, or document boxes.
• Ask family members or attorneys: If your family or attorneys were involved in creating the LPA, they may have a copy or may know where it was stored.
• Contact professionals: If a solicitor helped you create the LPA, they may have retained a copy of the document or provided you with guidance on where to keep it.
• Check with the Office of the Public Guardian: While the OPG only holds a record of the registration, they do not keep the original LPA. However, it is worth confirming that your LPA was successfully registered with them.

If your LPA was safely stored in a known location but has been lost due to theft, fire, or another incident, you may also want to report the situation to your insurance provider or law enforcement, depending on the circumstances.

Step 2: Requesting a Replacement Copy from the Office of the Public Guardian

If you have thoroughly searched but cannot locate your LPA, the next step is to request a replacement copy from the Office of the Public Guardian (OPG). While the OPG does not keep the original document, they do maintain records of all registered LPAs and can issue certified copies. A certified copy has the same legal standing as the original and can be used by your attorneys to carry out their duties.

Here’s how to request a replacement copy of your LPA from the OPG:

1. Contact the OPG: You can request a certified copy of your LPA by contacting the Office of the Public Guardian via their helpline or by submitting a formal request online or by post.
2. Provide details of the LPA: You will need to provide details such as your full name, date of birth, and the LPA reference number (if known). If you don’t have the reference number, the OPG may be able to locate the LPA using other details, such as the names of the attorneys or the date the LPA was registered.
3. Pay the fee: There is usually a small fee to obtain a certified copy of the LPA. The current fee can be confirmed on the OPG’s website or by contacting them directly. If you are on certain means-tested benefits, you may be eligible for a fee reduction or exemption.
4. Processing time: It can take several weeks for the OPG to process your request and issue the certified copy, so it’s important to apply as soon as possible if the document is needed urgently.

A certified copy of the LPA should be treated with the same care as the original, as it holds equal legal weight. Your attorneys can use this document to make decisions on your behalf if needed.

Step 3: What to Do If the LPA Was Never Registered

If your LPA was created but never registered with the Office of the Public Guardian, you may need to take a different approach. LPAs must be registered with the OPG before they can be used by your attorney(s), and without registration, the document is not legally valid.

If the original unregistered LPA is lost or destroyed, it cannot be replaced. In this case, you will need to create a new LPA, which will involve drafting and signing the document again and registering it with the OPG. Here’s how to proceed:

1. Draft a new LPA: You will need to create a new LPA document, either by using the official forms available from the OPG or by seeking the assistance of a solicitor to ensure that the document accurately reflects your wishes.
2. Sign and witness the LPA: Like the original, the new LPA must be signed by you (the donor), your attorney(s), and any replacement attorneys. The signatures must also be witnessed appropriately.
3. Register the new LPA: Once the new LPA is completed, it must be sent to the OPG for registration. This can take several weeks, so be mindful of the time involved. You will also need to pay a registration fee, although fee reductions or exemptions may be available if you meet certain criteria.

At Blackstone Solicitors, we can guide you through the process of creating and registering a new LPA to replace your lost one, ensuring that it meets all legal requirements and protects your interests.

Step 4: Notify Your Attorneys and Relevant Institutions

If you have obtained a certified copy of your LPA or created a new one, it is important to inform your attorneys and any relevant institutions of the change. Here are a few key actions to take:

• Inform your attorneys: Ensure that your appointed attorneys are aware of the situation and have access to the certified copy or new LPA. They should be provided with clear instructions on how and when to use the document.
• Notify financial institutions: If your LPA covers property and financial affairs, you may need to notify banks, investment firms, and other financial institutions that manage your accounts. They will often request a certified copy of the LPA before allowing your attorney to manage your finances.
• Medical and care providers: For a Health and Welfare LPA, notify your GP, hospital, or care home that your LPA has been updated or replaced. This ensures that your attorney(s) can make decisions on your behalf if necessary.

By keeping all relevant parties informed and up to date, you can ensure that your LPA functions smoothly and your attorneys are empowered to act in your best interests.

Step 5: Prevent Future Issues

Losing an LPA can be inconvenient and stressful, but there are steps you can take to prevent this from happening again in the future:

• Store the original securely: Keep the original LPA in a safe and accessible location. A locked drawer, filing cabinet, or safe at home are common choices. Ensure that at least one trusted person knows where the document is kept.
• Provide copies to attorneys: Once the LPA is registered, consider providing your attorneys with certified copies. This ensures they have access to the document when needed and reduces the risk of it being misplaced.
• Consider digital storage: Some people choose to store scanned copies of important documents in secure digital storage, such as cloud services, to keep them accessible while ensuring the original remains protected. While a scanned copy cannot replace the legal weight of the original or a certified copy, it can provide a useful reference in case of loss.
• Use a solicitor: When setting up an LPA, working with a solicitor can provide peace of mind. At Blackstone Solicitors, we help clients draft, register, and store LPAs securely. We can also assist with keeping records to ensure that the document is always accessible when needed.

Conclusion

Losing an LPA may seem daunting, but it is not an insurmountable problem. By thoroughly searching for the document, requesting a certified copy from the Office of the Public Guardian, or creating a new LPA if necessary, you can ensure that your legal arrangements remain intact.

At Blackstone Solicitors, we understand the importance of protecting your interests and planning for the future. Whether you need help obtaining a replacement LPA or guidance on drafting a new one, we are here to assist you. Our team of experienced solicitors can provide tailored advice and ensure that your LPA meets all legal requirements, giving you and your loved ones peace of mind.

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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