EFIS 54, September 2009 : Court of Protection

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Following a consultation paper earlier this year which contained proposals to simplify the main Lasting Power of Attorney application forms LPA PA and LPA HW, the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 represcribe new versions of LPA PA and LPA HW for use from 1st October.

In addition, there are several new forms which can be used in conjunction with LPA PA and LPA HW for new lasting powers of attorney created on or after 1st October.

LPA IS is an information sheet which has been designed to help donors complete the main LPA forms.

LPA A1(CONT) can be used with either form to provide details of all additional attorneys, replacement attorneys or people to be informed.

LPA A2(CONT) can be used with either form to instruct the attorney how the donor wants him or her to act on his or her behalf.

LPA A3_PFA(CONT) can only be used with LPA PA where the donor is unable to sign or make a mark on LPA PA.

LPA A3_HW(CONT) can only be used with LPA HW where the donor is unable to sign or make a mark on LPA HW.

LPA B(CONT) can be used with either form as a declaration by the provider of a second certificate that the donor understands what he or she is doing.

LPA C(CONT) can be used with either LPA PA or LPA HW to appoint a trust corporation as attorney or a replacement attorney.

None of these new and amended forms should be submitted for registration before 1st October.

Form LPA PW along with LPA PW(NOTES) and LPA PA(NOTES) have been withdrawn as practitioners are requested to use the new simplified forms listed above on or after 1st October.

Finally, forms EP1PG(3) and OPG102 have received minor amendments and are available for your immediate use.

The following forms listed below have been pre-dated 1st October 2009 and will not be listed under File > New menu until on or after this date.

LPA A1(CONT)

LPA A2(CONT)

LPA A3_HW(CONT)

LPA A3_PFA(CONT

LPA B(CONT)

LPA C(CONT)

LPA HW

LPA IS

LPA PA

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Forms affected

LPA PA(NOTES)	Notes for completing an LPA - Property and Affairs	Withdrawn
LPA PW(NOTES)	Notes for completing an LPA - Personal Welfare	Withdrawn
LPA PW	Lasting Power of Attorney - Personal Welfare	Withdrawn
LPA PA	Lasting power of attorney - property and financial affairs	New/Amended
EP1PG(3)	Notice of Intention to Apply for Registration of an Enduring Power of Attorney - Adapted for 3 Attorneys	New/Amended
OPG102	Deputyship report form	New/Amended
LPA IS	Lasting power of attorney Information sheet - the people involved	New/Amended
LPA A1(CONT)	Continuation sheet A1 - Additional People	New/Amended
LPA A2(CONT)	Continuation sheet A2 - how your attorneys make decisions jointly and severally, restrictions & conditions, guidance, payment	New/Amended
LPA A3_PFA(CONT)	Continuation sheet A3 (property and financial affairs) - if you cannot sign or make a mark	New/Amended
LPA A3_HW(CONT)	Continuation sheet A3 (health and welfare) - if you cannot sign or make a mark	New/Amended
LPA B(CONT)	Continuation sheet B - declaration by your second certificate provider: certificate to confirm understanding	New/Amended
LPA C(CONT)	Continuation sheet C - appointing a trust corporation as attorney or replacement attorney	New/Amended
LPA HW	Lasting Power of Attorney for health and welfare	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.