Changes to LPA Forms From July 2015

In response to a review commissioned by the government involving consultation from those directly involved in the development of LPA applications, the forms for both property and financial affairs and health and welfare LPAs have been redesigned. The feedback from those involved was that an attempt should be made to make them much more simple and efficient and to remove any barriers which could prevent completion. However, the two applications will remain separate and will not be merged into one so the cost of applying will remain unchanged. The new forms came into effect on 1st July this year although the old ones will still be accepted until 1 January 2016.

The emphasis has clearly been put on the online version, which has simultaneously been updated in order to provide better support, assisting users step-by-step and checking that everything has been filled in correctly before printing and submission will be allowed. The new forms seek to complement the process so that they are filled in in a similar way.

More specifically, one of the main ways that the OPG hopes that the changes will make the process simpler is through the fact that the registration pages have been incorporated so that they now all fit on one page, to encourage immediate registration. Similarly, the requirement for a second certificate provider has been removed and the section requiring someone to be notified when the LPA has been registered is now only optional. In addition, the details required from the certificate provider have been reduced to just the name and address and details about their qualification to act are no longer necessary. These two final points in particular have raised safeguarding issues as ultimately forms which are not as thorough and are easier to complete at the same time become more vulnerable to being taken advantage of.

For more information on this, please contact Alisdair Liddle, Head of Private Client Department and Partner at Spire Solicitors LLP on 01603 677077.