Your questions answered: Reporting and making changes to your LPA

The Benefits of Discretionary Trusts

From: The Office of the Public Guardian 

Your questions answered: Reporting and making changes to your LPA

We receive thousands of phone calls each week from people looking for help and information on the lasting power of attorney (LPA) process. This blog series answers your questions by breaking down the different stages of your LPA journey.   

Here we look at common questions about reporting and making changes to your LPA. See also:

Completing forms

Includes signing forms in order

Payments and fees

Includes cheques and applying for remissions and exemptions

Attorneys, witnesses and certificate providers

Includes making a start and who to involve

Using your LPA

Includes reference numbers, activation keys and access codes

When contacting our customer service team via email about an existing LPA please include: 

  • Donor’s full name 
  • Donor’s full address 
  • Donor’s date of birth 
  • Your relationship to the application 
  • Your full name 
  • Your full address 
  • Reference number (if known) 

If you are the donor, please provide information for one of your attorneys. Include: 

  • Attorney’s full name 
  • Attorney’s full address 

 

How do I report a death?   

You must inform OPG by email, phone or letter and return the original LPA and all certified copies . If the LPA is cancelled following the death of the donor or attorney, the LPA will be destroyed unless you instruct us otherwise. If you wish the LPA to be returned, please provide a return address when sending your documents to us.  

You do not need to send the death certificate unless requested to do so in a letter or email. If we do request to see the death certificate it must be the original.

Find more information on our GOV.UK page. 

 

I would like to remove an attorney, how is this done?   

If you wish to remove one attorney from your LPA this is referred to as ‘partial deed of revocation’.  Please see the information on our GOV.UK page.  

Please note it is not possible to add an attorney to an existing LPA. This will require a new LPA to be made. 

 

How can I stop being an attorney, or ‘disclaim’?  

An attorney on an LPA can disclaim using an LPA005 form.

An attorney on an Enduring Power of Attorney (EPA) can disclaim using an EP5 form. 

You can find further details about removing an attorney on our GOV.UK page. 

 

How do I update a name or address?  

You will need to get in touch to let us know a change of name or address. We will need details of your LPA such as a reference number, name of the donor and date of birth so that we can find your document on the system and update as needed.  

Do not change the LPA itself as this will invalidate it. The document remains valid with the previous name and address details showing.  

Changes in name work in the same way as a change of address.  

Supporting documentation is needed to prove the name change is legal and legitimate. For example, a copy of a marriage certificate or deed poll certificate. 

This needs to be sent to us in the post at: 

Office of the Public Guardian  

PO Box 16185  

Birmingham  

B2 2WH 

 

Can I use my LPA outside of England and Wales or use an overseas LPA in England and Wales? 

Not usually as these documents are governed by laws that only apply to certain jurisdictions. If you want to use your LPA overseas, or use an overseas LPA in England and Wales, you should seek independent legal advice. This includes powers made in other parts of the UK. 

 

Are Enduring Powers of Attorney (EPAs) still valid? 

If a person has an EPA made before 1 October 2007, either registered or unregistered, it can still be used. EPAs only allowed people to appoint attorneys to make decisions about property and financial matters, not health and welfare. If someone has already made an EPA and still has mental capacity, they can either replace it with a new Property and Financial Affairs LPA or can keep the existing EPA.  

EPAs were replaced by LPAs on 1 October 2007.

 

 

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