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Family Law

The leading authority on all aspects of family law

01 JUL 2015

Lasting power of attorney forms are changing from 1 July 2015

Lasting power of attorney forms are changing from 1 July 2015
New, simpler and clearer lasting power of attorney (LPA) forms have been introduced for both property and financial affairs LPAs and health and welfare LPAs.

How have the forms changed?

The new forms reflect the responses to the Office of the Public Guardian (OPG) consultation and feedback from users who were directly involved in their development. The redesign will make the forms easier to follow and faster to complete. The OPG has also removed the requirement for a second certificate provider, as this was making it difficult for some people who wanted to make an LPA.

Having listened through the consultation, the OPG hasn't combined the forms for health and welfare and property and finance. Nor will it be removing the requirement for a signature and witness for the life sustaining treatment section. Other safeguards remain the same, such as the need for an independent witness to sections of the LPA and someone you know certifying that, in their judgement, you have capacity.

The new LPA forms complement the existing online LPA service, which takes users through each page of the application step-by-step, making sure it is completed correctly before it’s printed and submitted.

Timing for transition to the new forms

To make this change easier for everyone, the OPG will be accepting both the old and new versions of LPA forms for the next 6 months:

  • From 1 July 2015 to 1 January 2016, you can use either the old or new versions of these forms to create and register an LPA.
  • If the old LPA forms have been completed, signed and dated correctly by 1 January 2016, they can still be registered at any time providing they have been made correctly.
  • If an LPA made using the old forms has not been completed, signed and dated by 1 January 2016, they won’t be able to be registered.
No changes are being made to enduring powers of attorney (EPA) forms at this time. These will still be able to be registered after the introduction of the new LPA forms.

LPAs are legal documents that allow the applicant to appoint someone they know and trust to make decisions about their health and welfare or financial affairs if they were to lose mental capacity in the future.


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