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Wednesday, 3 October 2023

Filling in a Lasting Power of Attorney form

Make sure you understand the Lasting Power of Attorney forms and fill them out correctly. Find out about the Lasting Power of Attorney form and what you need to include.

What you will find on a Lasting Power of Attorney form

There are four parts to a Lasting Power of Attorney form:

  • the information sheet
  • part A – to be completed by you
  • part B – to be completed by your ‘certificate providers’
  • part C – to be completed by anyone you have named as an attorney

Each part of the form includes instructions. It is important you read the instructions carefully and make sure you fill everything in correctly.

You can download copies of the forms as well as more detailed guidance on completing them.

The information sheet

Your lasting power of attorney form includes an information sheet. The information sheet explains each person’s role, and how many people you need.

It also explains the three parts of the Lasting Power of Attorney form and who completes each part.

Part A – the donor’s statement

This part of the form must be completed by you. You need to include details about yourself, such as name, address, date of birth). You also need to include the details of anyone you are appointing as an attorney.

Appointing more than one attorney

If you are appointing more than one attorney, you must also include instructions about how they will work together and agree on decisions. For example, you can say that they must all act together, or that they may either act together or alone. You can also state any other conditions or restrictions on your attorneys in this part of the form.

If you are appointing a replacement attorney (to act if your attorneys can no longer do so), you will also need to include their details.

For a health and welfare Lasting Power of Attorney, you can decide if your attorney can agree to or refuse any medical treatment for you.

For a property and financial affairs Lasting Power of Attorney, you can nominate a ‘trust corporation’ to look after your financial affairs. A trust corporation is usually a bank that manages your savings, pensions or investments based on any criteria that you agree with it.

Allowing people to object to a Lasting Power of Attorney

You can nominate someone who knows you well and will have the opportunity to object to the Lasting Power of Attorney. This is to make sure that you have not been forced to sign it against your will.

If you do not nominate someone who can object to the Lasting Power of Attorney, you need to nominate two ‘certificate providers’ in Part B.

Once you have completed Part A, you will need to sign it. You will also need to have a witness sign the document. The witness can be anyone apart from someone you have nominated as an attorney but they must see you sign and date the form.

Part B – the certificate provider's statement

This part of the form needs to be completed by your ‘certificate provider’.

A certificate provider is someone who speaks with you privately to make sure that you understand the powers you are giving your attorney(s). They will also check that there has been no fraud or pressure put on you to make the Lasting Power of Attorney.

A certificate provider can be someone you have known for two years or someone who has a professional skill or knowledge about your situation. For example, it could be a doctor, social worker or solicitor.

Family members cannot be certificate providers. This includes:

  • spouse, partner or civil partners (or people living together as such)
  • children, grandchildren (including step-children)
  • parents, grandparents (including step-parents)
  • brothers, sisters (including half-brothers and half-sisters)
  • aunts, uncles
  • nieces, nephews
  • someone related by marriage (such as a son-in-law or daughter-in-law)

If you didn’t nominate someone in Part A to have the opportunity to object to your Lasting Power of Attorney, you will need two certificate providers. The second certificate provider will need to complete ‘continuation sheet B’.

Part C – the attorney’s statement

Part C needs to be signed by anyone you have nominated as an attorney.

Your attorney needs to read Part A of the form, make sure the information is correct and confirm they understand their role and responsibilities.

If you have nominated more than one attorney, each attorney needs to sign a copy of Part C. A witness will also need to sign each copy of Part C. You can use the same witness for all attorneys and also the same witness you used in Part A.

Additional links

Lasting Power of Attorney forms

Get the forms you need to register a Lasting Power of Attorney

Have you received your forms?

If you applied to get forms by post on 20-21 August, your request might not have been received. Can you please apply again?

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