Using a Lasting Power of Attorney: What Happens When It’s Needed
Setting up Lasting Powers of Attorney (LPAs) is a wise and responsible step — but what actually happens when it’s needed? Many people assume the paperwork’s sorted and forget about it, but there’s still a process involved when the time comes to use it. Here’s how it works, and why there’s a small but important time limit to be aware of.
When the LPA is Needed
An LPA is used when the person who made it (called the donor) can no longer manage their own affairs or just wants someone else to should all or part of the burden — either due to illness, an accident, dementia, depression, or simply age. A Property and Financial Affairs LPA can also be used with the donor’s consent while they still have capacity if written that way.
When the time comes, the appointed attorney(s) step in — but they need to prove they have legal authority and confirm their identity.
Proving the Attorneys Authority (and Identity)
To act on behalf of the donor, attorneys must usually provide:
- The original registered LPA, or
- A properly certified copy (more on that below)
In addition, they’ll need to prove who they are. This typically includes:
- Photo ID (such as a passport or driving licence)
- Proof of address (such as a utility bill or bank statement from the last 3 months)
Every organisation is different, and some will ask for formally certified copies of ID to be posted in — especially for anything involving money, property, or sensitive health information.
🔎 Tip: If you’re an attorney, it’s worth keeping your ID documents handy, just in case you need to act quickly.
The Online Option — but Only for 12 Months (WHY?)
The Office of the Public Guardian (OPG) offers an online tool to prove an attorney’s authority more quickly:
👉 www.gov.uk/use-lasting-power-of-attorney
If the LPA was registered recently, the OPG may send a 13-character activation code. Attorneys can use this to:
- Link the LPA to an online account
- Generate secure access codes for banks and other organisations
- Let third parties view the LPA online
Important: This online access only works for 12 months from the date of registration. After that, the code expires, and you’ll need to rely on physical copies again.
How to Create a Certified Copy of an LPA
You don’t always need a solicitor to make certified copies. You can do it yourself free — as long as you follow the correct wording.
Here’s how:
- Photocopy the entire LPA, including the front cover and all pages.
- On every page, write (in ink):
I certify that this is a true and complete copy of the corresponding page of the original lasting power of attorney. - On the final page, add:
I certify that this is a true and complete copy of the lasting power of attorney. - Sign and date each page, and include your full name.
✍️ The copy must be certified by the donor if possible, but a solicitor or notary can also certify but they will charge. If in doubt, get professional advice — I’m happy to help.
Once Authority is Accepted
The attorney can begin acting where that is allowed. Some LPAs can’t be used until mental capacity is lost (the donor can’t decide within a timescale which is reasonable in the circumstances) — always in the donor’s best interests. The Health and Welfare LPA cannot be used unless the donor can’t decide within a timescale which is reasonable in the circumstances.
This might involve:
- Managing bank accounts – Finance LPA
- Paying bills – Finance LPA
- Contacting pension providers Finance LPA
- Organising care – a mixture of Finance LPA and Welfare LPA if the donor not able to deal within a reasonable time.
- Making healthcare decisions (with a Health & Welfare LPA – but only if the donor is unable to make the decision within a reasonable time in the circumstances, even with help.)
It’s wise to keep records of what’s being done, especially for financial matters.
In Summary LPA Tricks
✅ It’s easy to find
✅ Certified copies are ready to go
✅ Attorney ID is available
✅ Online access is set up (if available)
An LPA is only effective if:
If you need help with a new LPA or checking what you’ve got, or simply want to talk it through — just get in touch.
Stephen Pett CmpnSWW, AffSTEP, DMS
📧 steve@theprofessionalwillwriter.co.uk
📞 01323 766766
📍 5 Malcolm Gardens, Polegate, BN26 6PN
OPG Video
Lost Lasting Power of Attorney – how to get a copy
. Requesting an Office Copy from the Office of the Public Guardian:
- The OPG can send you an official copy, also known as an “office copy,” of a registered LPA.
- This is particularly useful if you have lost the original LPA.
- You can order an office copy by contacting the OPG, usually by phone or email.
- There is a fee for this service, which is currently £35.