Where should I store my Lasting Powers of Attorney, and How do I obtain a copy LPA if the original is lost?
Posted on 9th March 2024
As explained by our Lasting Power of Attorney Solicitors in Preston in our previous blog, creating a Lasting Power of Attorney (LPA) is a crucial step in planning for the future. It allows you to appoint one or more people (known as ‘attorneys’) to make decisions on your behalf should you lose the capacity to do so yourself. However, once this important document is created, a common question arises: where should the original LPA be stored, and what can you do if it’s lost or misplaced? This blog will guide you through the best practices for storing your original LPA and the steps to take if you need to get a copy.
Contact our LPA Solicitors in Preston
Where should I store my Lasting Power of Attorney?
With Your Lasting Power of Attorney Solicitors
Many people choose to store their original LPAs with the LPA Solicitor who helped draft them. This option offers several benefits:
Security:
Legal professionals have secure storage facilities designed to protect important documents from theft, loss, or damage.
Peace of Mind:
Knowing that your LPA is in the hands of a professional can provide peace of mind.
Ease of Access:
You can easily obtain the LPA from your solicitor if needed.
One drawback with this, is that it can be difficult to know when your LPA Solicitors can release the original documents. For example, if you lose capacity and your LPA Solicitors hold the original documents, they need proof of your lost capacity before they can release these to your attorneys. This can cause delays in releasing the documents when they are urgently required, and can involve the cost of a medical assessment if one cannot be obtained through a medical professional for free.
This is why not all Lasting Power of Attorney Solicitors will offer document storage when they draft LPAs.
At Home in a Safe Place
If you prefer to keep your LPA close, ensure its stored in a fireproof and waterproof safe. Inform your attorney(s) or a trusted family member of its location, and ensure that someone can access these, if you are not able to remember where these are, for example, if you lose capacity.
With Your Attorney
Some people choose to give their original LPA to their appointed attorney for safekeeping. This approach ensures that the document is readily available if it needs to be used. However, it’s crucial to fully trust the attorney with this responsibility, as long as you have capacity, your attorneys should only use these at your direction.
What can I do if I cannot locate an original LPA?
Losing a Lasting Power of Attorney can be stressful, but there are steps you can take to remedy the situation:
Contact the Solicitor
If a legal professional prepared your Lasting Power of Attorney, contact them first. They might have stored a copy or the original. Our Lasting Power of Attorney Solicitors in Preston always retain a copy of the documents they have prepared, to ensure they can provide certify copies if required in the future.
Order a Certified Copy from the Registration Authority
If your LPA was registered with a government body (such as the Office of the Public Guardian in England and Wales), you could order a certified copy. These copies are legally valid and can be used in place of the original.
Re-Execution of the LPA
If a certified copy is not an option and the original is lost, you might have to execute a new LPA, whilst revoking the original. This process involves drafting a new document and going through the registration process again. It’s advisable to seek legal advice to ensure all steps are correctly followed.
Notify Financial Institutions and Healthcare Providers
If the lost LPA was already in use, inform any institutions or providers who were dealing with the attorney under the authority of the LPA. They will guide you on their requirements, which may include providing a certified copy of the new or existing LPA.
The importance of keeping your original LPA safe cannot be overstated. Whether you opt to store it with a solicitor, at home, or with your attorney, ensure that its location is known to those who need to know and that it’s protected from potential damage or loss. If you find yourself in a situation where the original LPA is lost, there are clear steps you can take to resolve the issue, ensuring that your wishes and interests remain protected. Contact Lasting Power of Attorney Solicitors in Preston to discuss Lasting Powers of Attorney on 01772 783314 or email wills@mglegal.co.uk.
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Tagged as: Lasting Powers of Attorney, Solicitors in Preston
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