At-Home Series - Can I make an LPA during lockdown with social distancing restrictions in place?

• The short answer is yes! Although the lockdown and social distancing restrictions pose some difficulty, it is definitely possible to make a Lasting Power of Attorney (LPA).

• At the moment, the Office of the Public Guardian still requires people who want to make an LPA and their attorneys to fill out a hard-copy form and physically sign it. Once signed, the LPA then needs to be sent to the Office of the Public Guardian for registration.

• Your signature will need to be witnessed whilst observing social distancing restrictions. The witness needs to have a clear line of sight, but does not need to be physically close. Some practical suggestions include signing your LPA outside with a neighbour acting as your witness, using your own pen and wearing gloves to handle paperwork.

• You also need someone to act as your certificate provider, who will sign the LPA to confirm that you understand the LPA and are not under any pressure to make it. There are rules about who can act as the certificate provider, but potentially the same neighbour who acts as the witness could also act as the certificate provider.

• There is a delay with registering LPAs at the moment, but the Office of the Public Guardian is aiming to complete the registration process within 40 working days of receiving the LPA (roughly 1-2 weeks longer than usual).

• Although it is not as straightforward at the moment, we are continuing to guide clients through the process of putting an LPA in place, please contact us for more information.

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