The Office of the Public Guardian (OPG) has recently published changes to its online service. Currently, when a Lasting Power of Attorney for either Property and Financial Affairs or Health and Welfare is registered, an online account is created for the donor and the attorney to view and manage the LPAs.
The donors of all newly registered LPAs are sent an activation code to register for their own online account, which the attorneys are also able to access. The main features of the online account allow the donors and attorneys to:
- View a summary of the LPA including the names, dates of birth and addresses of the donor and all attorneys and any restrictions on the use of the LPA.
- Keep track of which people or organisations have been given access to the LPA, such as the donor’s bank. These organisations are also able to view the summary of the LPA.
Recently the online summary of LPAs has been updated to include details of any preferences or instructions that the donor has in relation to the management of either their Property and Financial Affairs LPA or Health and Welfare LPA. This allows organisations to view a more accurate overview of the LPA.
Examples
Examples of some preferences in a Health and Welfare LPA:
“I’d like to like within five miles of my sister.”
“I’d like to have regular haircuts, manicures and pedicures.”
Examples of some preferences in a Property and Financial Affairs LPA:
“I prefer to invest in ethical funds.”
“I would like to donate £100 each year to Age UK.”
Examples of some instructions in a Health and Welfare LPA:
“My attorneys must not decide I am to move into residential care unless, in my doctor’s opinion, I can no longer live independently.”
“My attorneys must ensure I am given only vegan food.”
Examples of some instructions in a Property and Financial Affairs LPA:
“My attorneys must not make any gifts.”
“My attorneys must consult a financial adviser before making investments over £10,000.”
Whereas preferences are merely an expression of a wish that the donor has, instructions restrict the use of the LPA. Therefore, careful thought should be given when considering instructions. For example, it would not be sensible to put a restriction in a Property and Financial Affairs LPA which would prevent the sale of the donor’s house under any circumstances. If the donor needed to move into residential care, and the attorneys needed to sell the donor’s property in order to fund care fees the instruction would prevent this.
How can we help?
Heidi Van Rooyen is an Associate in our Wills, Trusts and Probate team, specialising in Wills, administration of estates, Grants of Probate and Powers of Attorney.
At Nelsons, we can advise you on all aspects of LPAs and discuss any preferences or instructions you may be thinking about. If you would like any advice or assistance, please contact Heidi or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
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