When setting up a Lasting Power of Attorney (LPA), understanding the various roles involved is crucial if you want to ensure that your wishes are executed smoothly. One key role that is often overlooked is that of the correspondent.

A Lasting Power of Attorney is an essential legal document that allows you to appoint at least one attorney to make decisions on your behalf if you lose the mental capacity to do so yourself. While most people are familiar with the roles of the donor and the attorney, the role of the correspondent is equally important but less well understood.

This blog will explain who the correspondent is in the context of an LPA, their responsibilities, and why choosing the right person for this role is essential. If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact Percy Hughes & Roberts Solicitors by completing the enquiry form below or by calling 0151 666 9090.

Who Is the Correspondent in an LPA?

In the context of a Lasting Power of Attorney, the correspondent is the designated individual who receives official communications from the Office of the Public Guardian (OPG). This person acts as the primary point of contact for any questions or issues that the OPG may have regarding the LPA.

The correspondent is also responsible for receiving the registered LPA document once the registration process is complete. They are required to hold onto the LPA for safekeeping until it is needed.

Sometimes, the correspondent is confused with the certificate provider, who fulfils a different function in the LPA process. The certificate provider is responsible for confirming the donor's understanding and willingness to create the LPA, usually by holding a private conversation with the donor. The certificate provider will witness signatures and thereby ensures the legality of the LPA document.

What Is the Role of a Correspondent in Relation to LPAs?

The correspondent has three main responsibilities. These are:

• Receiving communications: The correspondent is the main point of contact for any updates or questions from the OPG regarding the LPA application. This includes receiving information about the status of the application and any necessary follow-up actions.

• Maintaining the registered LPA: Once the LPA is registered, the OPG will send the stamped and validated document to the correspondent. This person must ensure the safekeeping of this crucial legal document, as it may be needed to prove the authority of the attorneys to act on behalf of the donor. It is also important to ensure that the attorneys' signatures are properly witnessed according to the specific rules, which include having impartial witnesses and certificate providers.

• Complying with OPG requirements: The correspondent ensures that all communications from the OPG are addressed promptly and accurately, which helps to maintain the validity and enforceability of the LPA.

In general, the correspondent helps to make sure an LPA is legally enforceable, and that decisions made on the donor's behalf are carried out in their best interests, by checking the intentions of the party before the LPA is signed.

Who Can Be Chosen as the Correspondent?

When filling out the LPA form, you will need to specify who will be the correspondent in Section 13, titled ‘Who do you want to receive the LPA?’ You have three options to choose from:

• The donor: The person who creates the LPA.

• An attorney: An individual appointed by the donor to make decisions on their behalf.

• Another trusted individual: This could be a solicitor, or another trusted person selected by the donor to handle communications.

It is also important to consider the role of a replacement attorney when selecting a correspondent. You can choose to appoint more than one attorney, and they can function together or separately. You can also appoint replacement attorneys to step in if the original attorneys are unable to act. This often ensures continuity in decision-making and adherence to the donor's wishes. An experienced solicitor can advise you if this is advisable or necessary in your circumstances.

There can only be one correspondent for each LPA application, which helps to maintain a clear and direct line of communication with the OPG. It is crucial to choose someone reliable, organised, and responsive, as they will play a pivotal role in liaising with the OPG and ensuring that all legal requirements are met.

You will also be given the option of how the correspondent would like to be contacted by the OPG, by post, phone, or email.

How Can Percy Hughes & Roberts Help? 

At Percy Hughes & Roberts, we understand the complexities involved in setting up and managing a Lasting Power of Attorney. Our experienced solicitors can guide you through every step of the process, from selecting a correspondent to ensuring that all legal documents are correctly completed and submitted. Percy Hughes & Roberts can assist with a Health and Welfare LPA, a Property and Financial Affairs LPA, or both.

Additionally, Percy Hughes & Roberts can serve as the correspondent for your LPA, and handle all communications with the OPG on your behalf. This ensures that all interactions are managed professionally and efficiently, and gives you peace of mind that your LPA is in capable hands.

If you have any questions about Lasting Powers of Attorney or need assistance with any aspect of wills, trusts, and probate, our expert team is here to help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.