How to Activate Power of Attorney: A Step-by-Step Guide

How to Activate Power of Attorney: A Step-by-Step Guide

Your LPA is registered. The donor needs help. How do you actually start using it?

First: Is the LPA Registered?

An LPA cannot be used until it is registered with the Office of the Public Guardian (OPG). If it is not registered, you cannot use it.

Check: You should have a stamped, registered LPA document returned from the OPG.

Property and Financial Affairs LPA

This type can be used in two situations:

Situation 1: Donor has capacity but wants help

• The donor can allow you to act while they still have capacity
• You might help with day-to-day banking while they manage bigger decisions
• The donor can revoke your authority at any time

Situation 2: Donor has lost capacity

• The LPA must be used
• The donor cannot manage their own affairs
• You take over financial management

Activation steps:

Contact relevant organisations (banks, pension providers, HMRC)

Provide certified copy of registered LPA

Complete their power of attorney registration forms

Begin managing affairs as needed

Health and Welfare LPA

This type can ONLY be used when the donor lacks capacity to make specific decisions.

You cannot use it while they have capacity.

Activation steps:

A capacity assessment determines the donor cannot make a specific decision

You step in to make that decision

Each decision requires fresh consideration of capacity

Providing Proof to Organisations

Banks and financial institutions:

• Request certified copy of LPA
• May require you to complete their forms
• Some offer attorney debit cards

NHS and healthcare providers:

• Provide certified copy when needed
• They will verify against OPG register
• May check capacity before accepting decisions

Government bodies (HMRC, DWP):

• Have specific processes for LPA registration
• May require original or certified copies
• Can take several weeks to process

Certified Copies

You need certified copies, not the original. Get copies certified by:

• The OPG (during registration - request extra copies)
• A solicitor
• The donor (while they have capacity)

Key Points to Remember

Property and Financial: Can be used with or without capacity Health and Welfare: Only when capacity is lost for that decision Always: Be prepared to show the registered LPA document

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