Office Of The Public Guardian
As an attorney, you may need to make decisions on behalf of the donor who appointed you, using the lasting power of attorney (LPA) they created.
This guidance tells you how to use the LPA, by creating access codes and contacting companies and organisations to show them the LPA. You may find it helpful to check the information you were sent when the LPA was registered.
You can also find out more about how to be an attorney, helping the donor make decisions, assessing their mental capacity and making decisions for them.
What is an access code?
An access code can be given to any company that needs to see the donors LPA, instead of showing them the registered paper version. You can create these on the Use a lasting power of attorney service (Use an LPA). When the LPA was registered, the letter you received had information on how to set up an account on Use an LPA.
An access code is 13 characters long and begins with the letter V. It can be used by the company on the View a lasting power of attorney service (View an LPA). The service lets them find the donors LPA, check you are on it and that you are able to use it. This process is called verifying.
Before giving the access code to the company, check that it is the correct LPA for what you intend to do. There are 2 kinds of LPA, one for health and welfare and one for property and financial affairs. Each type will only allow you to make certain kinds of decision, and giving the company a code for the wrong type will mean you may not be able to act. For example, if the code is for a health and welfare LPA but you intend to pay a bill, you wont be able to do that.
When you have given them the access code, the company will use View an LPA to check some or all of the following information:
- The donors details on the LPA match the details they hold. For example, their name, address and date of birth.
- You are an attorney on the LPA. They may also want to see your identification.
- How decisions can be made using the LPA (if there is more than one attorney).
- The donors choice on life sustaining treatment, if the LPA is for health and welfare.
- Any instructions and preferences written by the donor. If there are any, make sure you know whether they will affect what you need to do with the LPA.
- Whether the LPA is still valid and registered
If they are satisfied with this information they will allow you to make decisions for the donor, for example giving you access to their accounts.
Why use access codes?
Every LPA currently registered in the UK has a paper version. To use the registered paper LPA, you must either bring it to a branch or post it to a company for verification.
Setting up a Use an LPA account will let you create an individual access code for each company that needs to see the LPA.
The LPA can be verified and used more quickly
The online summary contains all the information needed to verify both the LPA and you, on one page. On the paper version, the essential information is found on pages all through the document.
Some companies might tell you to post the registered paper LPA to them. It could take days or weeks for it to be returned to you. You would be unable to use it in the meantime, but a Use an LPA account would let you create access codes for any companies who needed to see it.
The information is more up-to-date
The paper LPA can only show the information it contained when it was registered, whereas View an LPA will always show the most up-to-date information. This gives the donor greater protection, making sure that the LPA is being used exactly as they want it to be. For example, an attorney might no longer be making decisions for the donor, or a replacement attorney might have started acting for them. Either of these changes could affect other attorneys on the LPA.
An attorney might have changed their name or address, information used to verify their identity. If they have already notified us, View an LPA will show the new details, but the paper LPA cannot be changed.
You and the donor should let all these companies and organisations know if your personal details or circumstances change.
More than one person can use the LPA at the same time
There is only one copy of the registered paper LPA, but you may not be the only attorney on the LPA. If you or another attorney needed to act on the donors behalf but didnt have the registered paper LPA with you (or a certified copy), you wouldnt legally be able to do so.
However, each attorney on an LPA, and the donor, can generate access codes for the companies they need to deal with.
Your Use an LPA account
You can create a Use an LPA account using your individual email address.
When the LPA was registered you were sent a letter to confirm this, which contained an activation key. This activation key will allow you to add the LPA to your Use an LPA account. It is valid for 12 months from registration.
If the LPA was registered more than 12 months ago or you cannot find the letter, you can still create a Use an LPA account, then request a new activation key through that account.
Setting up your Use an LPA account
- Go to www.gov.uk/use-lpa
- Use your email address to set up an account. You cant use an email address that has been used on someone elses Use an LPA account
- Use your activation key to add the LPA. You can only use this activation key to add this LPA to the account.
You can repeat step 3 for every LPA you are an attorney or donor on. You only need a valid activation key for each one.
If an LPA was registered before 1 January 2016, it will not have a 12 digital LPA number and cannot be added on Use an LPA. You will have to show companies the registered paper version.
Creating access codes
Once the LPA has been added to your account, you can start to create access codes to give to individual companies and organisations.
- Sign into your account
- Click on Give an organisation access.. This will create a 13-character code that starts with V. The code is valid for 30 days from the day you create it
- Give it to the organisation where you need to use the LPA. You should bring identification with you, as you may need to confirm your identity.
As well as providing one in person, you can share an access code online, over the phone or by post. The company you are providing it to should let you know how best to confirm your identity.