I am an Attorney, but I do not have a copy of the Lasting Power of Attorney (“LPA”) under which I was appointed

Zoe Hodge, Senior Associate, is an experienced private client solicitor with a particular interest in  Court of Protection matters. In this article, Zoe explains how to obtain a copy of an LPA when you are an Attorney.

It is very common for LPAs to be made years in advance of them being needed and it is no longer common practice to make copies at the time they are made. So, what do you do when you need to use it?

The first step is to make sure the LPA has been registered at the Office of the Public Guardian (“OPG”); otherwise, it  cannot be used. At the bottom of the document there will be “VALIDATED OPG” punched through every page. If you do not have sight of the LPA, then you will need to do a search at the OPG by completing and submitting a OPG100 form. The OPG aim to respond within 15 working days. Alternatively, if Greene & Greene prepared the original LPA then you can ask us to check the document for you.

Once you have ascertained that the LPA has been registered and obtained the LPA reference number (which will look like this: 7009-3218-2587) and if it was registered after 1^st January 2016, then you will need to use the OPG online system.

If you do not have an activation key (which would have been sent to you directly if the LPA was registered after 17^th July 2020) or if you have misplaced your activation key, you will need to contact the OPG to obtain a new one.   An activation key will look something like this: C-HYS7 J2B5 MJHY.

Once you have the above, you then need to go to this government website: www.gov.uk/use-lasting-power-of-attorney, click START NOW and follow the step-by-step instructions. You will be asked to set up an account (if you have not already got one) and then you add any LPAs you are an attorney for to your account.

Once the LPA is linked to your account you will have three options:

1. Give an access code. This enables you to create specific codes for individual organisations such as Barclays Bank or Lloyds Bank which will look something like this: V-9B5F-JH3H-VGTR. These will expire in 30 days. You can then give that unique code to the organisation, and they will have direct access to a summary of the LPA online.
2. Check access code. This shows all the activity for the unique codes you have created so you can see when each institution has viewed the LPA. You can also cancel the access here should you need to do so.
3. View LPA summary. This will show you any preferences or instructions the donor may have put in the LPA. It will provide full contact details for all Attorneys and confirm whether the appointment is joint, joint and several or a mixture of both.

If the LPA was registered prior to 1^st January 2016, you will need to obtain a certified paper copy of the document. If Greene & Greene hold the original, we will be able to provide a certified paper copy only if the donor gave us written authority to do so when they made the LPA. You can also obtain an ‘Office Copy’ of an LPA directly from the OPG in exceptional circumstances, such as if the original has been misplaced. There is usually a charge of £35 for each copy.

For further assistance in gaining access to an LPA please do not hesitate to contact Zoe Hodge on 01284 717531 or zoehodge@greene-greene.com.

This article is the second in a series of insights written by Zoe Hodge to highlight matters relating to Lasting Powers of Attorney and Court of Protection. To read the first article in the series please follow this link: Are you an Attorney or a Deputy?

Find out more about how our team can assist you on our website.