Since we launched the Use a lasting power of attorney service on 17 July, we’ve received lots of questions from people wanting to know more information on how the service works and how it is helping our customers. We’ve put these questions to Caroline (Kaz) Hufton (Lead Product Manager) to get the answers!
How does the Use a lasting power of attorney service work?
Customers whose LPAs are registered by the OPG (this is the last thing we do before returning it to you) on or after the 17 July 2020 will receive an LPA reference number and activation key in their registration letter. Both attorneys and donors on the LPA will receive these details. They can then visit www.gov.uk/use-lpa to create an account and add the LPA by using the reference number and activation key, along with their date of birth. Once the LPA is added, the customer can choose to share the details by generating a secure access code to provide to third party organisations. The third party can then view the LPA details by going to www.gov.uk/view-lpa, adding the customer name and secure access code. This enables the organisation to check the LPA is valid and offers a downloadable version of the LPA summary to save for their records.
Who is this service available for?
This service is available to users with an LPA registered on or after 17 July 2020. We are currently working on making this available for older LPAs from earlier in 2020 and some from 2019, but don’t yet have a date for this. Both attorneys and donors can use this service as they both receive an LPA reference number and activation key in their registration letters.
Any organisation can access the summary of the LPA once they have been provided with a secure access code from the user. The don’t need to register to use the service. So long as they have the donor’s name and the access code, they will be able to view the summary of the LPA and see if the LPA is valid.
Will you be adding in LPAs that have been registered before 2019?
Putting older LPAs onto Use an LPA is something we are considering, however, there are cost implications and this will not be possible unless there is the funding in place. We are a self-funded organisation and cannot proceed with putting older LPAs on until the costs are approved.
What can organisations see when they access the LPA summary?
Donor and attorney details can be accessed through a secure access code, this includes –
- Names, addresses and DOB
- How attorney decisions are made
- Whether there are instructions or preferences (although the specific instructions and preferences aren’t included)
- When the LPA can be used
- Date the donor signed the LPA
- LPA registration date
What happens if there are specific instructions and preferences on the LPA?
The vast majority of LPAs do not have instructions or preference listed in them. In the small minority of cases where there are instructions or preferences listed on the LPA, third parties should still request sight of the paper document to check these the first time they access the LPA.
How is this service helping our users?
The Use an LPA service is intended to better assist donors and attorneys in sharing the details of the LPA with organisations. It provides peace of mind, particularly to those who may be experiencing reduced contact with others, that their wishes can still be actioned, and for attorneys to continue to support the donor.
While newly registered donors and attorneys have access to the Use an LPA service upon registration, there is a banner at the top of the page which, when accessed by anyone, shows whether the LPA is valid and whether the attorney can act while the donor has mental capacity (on property and finance LPAs). There is also confirmation that, in these instances, the attorney can only act with the donor's permission.
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts. This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act.
How will the third-party organisation, such as a bank or utility company, know if that person does or doesn’t have capacity and the attorney is acting correctly?
It is important to remember that ultimately, it’s the legal responsibility of an attorney to support the donor with their decision-making and act in accordance with the choices made by the donor in their LPA. This is unchanged from the existing paper process, and it is up to third party organisations to ensure they are satisfied that this is the case. In instances where the donor does not have capacity to make a decision, even with support, it is the attorney’s responsibility to ensure they act in the donor’s best interests.
Can I use this service with anyone? Such as the local council, car insurance, subscription services?
This service is accessible to any organisation who may need to check the LPA details and confirm the LPA is valid. The service is accessed through www.gov.uk/view-lpa and if the organisation has the donor’s name and the secure access code given to them by the attorney or donor, they are able to view the LPA summary. We are working with our partners to inform them of this service and can offer help and support on how to use it.
Will this service affect how and when the attorney can act on behalf of the donor?
When an attorney can act has not changed with the introduction of this service. This means the attorney can only use the LPA to make a decision for the donor if, even with support, they can't make that decision for themselves so long as that decision is in the best interest of the donor. In instances where the donor has chosen that a PA LPA can be used immediately upon registration, the attorney can use the LPA to carry out wishes of the donor only with obtained consent.
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts. This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act.
It is important to remember that, in instances where the donor has not chosen that an attorney can act for them while they have capacity, or for health & welfare LPAs, an attorney can only make a decision on the donor's behalf where, even with support, the donor is not able to make that decision on their own.
How it works
We have a link to our demo video which shows how the service works for our customers and third-party organisations which you can view here (https://www.youtube.com/watch?v=1UG6vwGB6cE&feature=youtu.be ). This video is purely for demonstration purposes.
Welsh language version launched!
We are constantly working to develop this and other services, and we are delighted that the Welsh language version of the Use a lasting power of attorney service has now launched – you can now access this https://www.gov.uk/defnyddio-atwrneiaeth-arhosol
30 comments
Comment by Jacquie Cheney posted on
Great, maintaining security/privacy, whilst at the same time allowing access to those who may need it to ensure the donor's wishes are being followed/adhered to.
Well done to the Office of the Public Guardian.
I am sure, or at least hope that, more and more people are availing themselves of this very reasonably priced safe and practical service.
Comment by Terence Roberts posted on
LPA for both property & finance and health & welfare for myself and my wife, with me as attorney for my wife and my wife as attorney for me, with my two daughters named as attorneys on the forms.
Am I correct to assume the combined fee would be £164 for each of us ie: £328?
Me forms are being deltwith by Legacy Wills at the moment, can they be sent separately?
or do they need to be sent together?
Comment by Caroline Amos posted on
Hi Terence
Each LPA costs £82 to register, so 4 LPAs in total costs £328. Each form can be sent separately. You can find more information on our website - https://www.gov.uk/power-of-attorney
Kind regards
Caroline
Comment by D.PACKMAN posted on
I LOOK AFTER AN LPA FOR PROPERTY AND FINANCIAL AFFAIRS,ALSO HEALTH AND WELFARE FOR MY WIFE,BOTH HAVE REGISTRATION APPLIED TO THEM, I AM THE MAIN ATTORNEY TOGETHER WITH MY TWO SONS WHO ARE ALSO ATTORNEYS,ONE OF MY SONS HAS RECENTLY MOVED TO A NEW ADDRESS,DOES THIS NEED TO BE CHANGED ON THE LPA OR IS IT NOT IMPORTANT AT THIS STAGE.
I AWAIT YOUR REPLY.
Comment by Caroline Amos posted on
Hello
Please write or telephone OPG with any change of address and we will update our records. Our contact details are:
Telephone: 0300 456 0300 (Monday, Tuesday, Thursday, Friday 9:30am to 5pm, Wednesday 10am to 5pm)
Address: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
Comment by Chris Ling posted on
As I have corresponded with OPG elsewhere, potentially it is a great process, but completely undermined by almost all financial organisations (except Virgin Money and presumably HSBC because they appeared in your press release) refusing to accept the codes and still requiring certified copies and by no list being published by OPG of who accepts the codes to shine a light on those financial organisations that do not accept the process. The worst omission is NS&I (another part of government) who won't accept the codes and require a certified copy - I have a complaint about this submitted to them, but with no response so far.
Please try and fix the above.
Comment by Caroline Amos posted on
Hi Chris
The Use an LPA service is an additional means of sharing the detail of an LPA with a third party. All previous routes, like sharing certified copies, are still available to customers.
While we don't require banks or third party organisations to officially 'sign up' to use the Use an LPA service, we have noticed that there has been a growing interest in publishing the different organisations who are using the service. As an example, HSBC have confirmed that they are happy for us to publicise their use of the service. We are currently reviewing this and reaching out to organisations to further explore and confirm.
Kind regards
Caroline
Comment by Eva Stevenson posted on
This looks really great and transparent, with one exception. There are probably quite a number of LPA forms that have been signed but not registered - i.e. stashed at home for the future - that have been brought out and sent off during the pandemic. But there is no checking to ensure that the proposed attorney still wants that role, and there is no notification that would allow a person to say "Actually, that was then and now I'm unable to take on this committment".
Comment by Kathleen Mitton posted on
So, presumably, as long as we have several copies of the signed LPA we can send to the organisations who need validation of the agreement? Is this going to be acceptable rather than the organisation having to link to the LPA on the website?
Comment by Laura Crouch posted on
Good morning Kathleen,
A certified copy of an LPA still has the same effect and usability as the original paper LPA.
Our Use an LPA service, sharing a snapshot of the LPA electronically, is an additional method for those who want to use it.
Thanks,
Laura
Comment by Kathleen Mitton posted on
Thank you Laura, that's very helpful.
Kath
Comment by Roy Fielding posted on
Woudnt you think that NS&I would be the 1st orginisation to support/use this facility!!!
Comment by Graeme Findlay posted on
Can you post some information on how a PoA should act if the person they have attorney over moves address (to a care home) and the PoA is already registered. Do they need to reapply for a new PoA or can the existing be amended? Many thanks
Comment by Laura Crouch posted on
Good morning Graeme,
You do not need a new POA; please write to the OPG with any change of address, and we will update our records which will update Use an LPA. If you take the paper copy to any third parties, please also take a proof of change of address with you.
Thanks, Laura.
Comment by Maria Barritt posted on
If the attorney moves house therefore their contact details will change will this make LPA document void?
Comment by Laura Crouch posted on
Good afternoon Maria,
The LPA document remians valid; please write to the OPG with any change of address, and we will update our records which will update Use an LPA. If you take the paper copy to any third parties, please also take a proof of change of address with you.
Thanks, Laura
Comment by Richard Wright posted on
How does an appointed Attorney for an LPA cancel their Authority?
i.e. Not be an Attorney?
Leaving the other appointed Attorneys to Act for me?
Comment by Laura Crouch posted on
Good afternoon Richard,
Your appointed attorney will need to fill in this form and send it to the OPG:
https://www.gov.uk/government/publications/disclaim-a-lasting-power-of-attorney
Thanks, Laura
Comment by Simon posted on
Can you advise what advantages there would be for the donor to create an online account, if the attorneys have done so, and also hold the paper forms or copy. I don't want to create another online account to confuse them unless it is beneficial.
Comment by Laura Crouch posted on
Hello Simon,
Use an LPA allows the donor to see when their attorney has generated a code to share with a third party, and where the attorney has stated that this has been sent.
Use an LPA also allows the donor to see the latest live information on their LPA, for instance if some details are changed. The donor can also share codes with third party organisations themselves, empowering them to prepare for present and future decision-making.
Thanks,
Laura
Comment by Ted Vidler posted on
How annoyingly vague...
"SOME" 2019 LPAs
How can people know WHICH ones?
Comment by Caroline Amos posted on
Hi Ted
We are continuing research on this feature and will be able to provide more details closer to the time of this service becoming available as to which LPAs will be included.
Kind regards
Caroline
Comment by Jacki Abbott posted on
As professionals acting under an LPA there will always be instructions and preferences included, particularly regarding investments and our fees. Currently we are still having to send these pages to all organisations, which appears to defeat the object of using the online system.
Are there any plans for the preferences/instructions to be included online?
Comment by Caroline Amos posted on
Hi Jacki
If there are preferences and/or instructions on the LPA, organisations may request to see the paper LPA the first time to verify. The Use an LPA service can still be used once the instructions and preferences have been verified.
We have no immediate plans for this feature to be added, but we are always looking to improve our service.
Kind regards
Caroline
Comment by Claire posted on
How do i get an access code to prove power of attorney?
Can you guide me on how to do this please?
Comment by Caroline Amos posted on
Hi Claire
The service is only available for LPAs registered on or after 17 July 2020. If the LPA was registered on or after 17 July 2020 and you have any issues accessing it online please contact our contact centre on 0300 456 0300 who will be happy to help.
Kind regards
Caroline
Comment by Ray Laker posted on
I am aware that the POA document has a section nominating replacement attorney(s) if the main named attorney is unable to / or no longer wishes to act for the Donor . I need to register the LPA with the bank but am told I need a certificate of confirmation from the OPG. Is this correct and if so what is the process and how long will it take ?
Additionally if the donor or any of the attorneys have moved from the addresses quoted in the LPA I assume the OPG has to be informed ,but the LPA remains valid .??
Thank you
Comment by Caroline Amos posted on
Hi Ray
An LPA can be used as soon as it has been registered. The LPA is registered when the Office of the Public Guardian (OPG) has stamped it with ‘VALIDATED-OPG’. Alternatively, if you need a certified copy please see further information here - <a href="https://www.gov.uk/power-of-attorney/certify">https://www.gov.uk/power-of-attorney/certify</a>
Please notify OPG of any change of address for a donor or attorney. Our contact details are:
Office of the Public Guardian
Telephone: 0300 456 0300
Monday, Tuesday, Thursday and Friday, 9.30am to 5pm
Wednesday, 10am to 5pm
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
Comment by Mike R posted on
I've submitted an LPA forms for both Financial and Health and it's been over 3 months and haven't heard anything about them how do I chase up the progress.
Regards
Mike
Comment by Caroline Amos posted on
Hi Mike
I'm sorry to hear this. Please email our customer services team for further assistance - customerservices@publicguardian.gov.uk
Kind regards
Caroline