There comes a time when an Attorney will need to start using the Lasting Power of Attorney (LPA) to gain authority to represent the Donor. The easiest way to do that is online but, to do that, the LPA will first need to be ‘activated’. You, the attorney, then activate the Lasting Power of Attorney using the Government Use a Lasting Power of Attorney service. Activation means that you can send a digital access code instead of using the paper copy.
Currently, you can only use the activation service for LPAs registered from 1 January 2016 but, the Office of the Public Guardian (OPG) is working on expanding this to earlier years. Activation is a very simple process and well worth the effort of converting a paper copy to digital.
Activation not registration
Sometimes there is some confusion over what ‘activation’ means. The LPA firstly needs to be registered, once the LPA has been registered the attorney then needs to activate it to be able to use the digital service. The attorney will get an activation code in the registration letter that was sent by the OPG. So, activation means that you can send a code to an organisation so they can view the LPA online.
Activation keys are 12 letters and numbers long and start with a C, for example: C-AB12 CD34 EF56
12 month warning
Once you have received the letter from the OPG with the activation code in it, you only have 12 months to activate. Many people receive the letter and put it straight in a draw until they need to start using the LPA, by which time the code has expired. Make sure you activate it immediately, then it will be ready for when you need to use it.
Digital v paper copy
The Office of the Public Guardian (OPG) has been busy digitising the Lasting Power of Attorney documentation. The following dates decide whether you can use a digitised copy, whether you can convert a paper copy to digital or whether you still have to use a paper copy:
17 July 2020 | If your LPA was registered on or after this date, your activation key will be contained in the letter you received from the OPG telling you that the LPA has been registered. |
1 January 2016 – after | If the LPA was registered on or after this date, you can use this service to ask for a new or replacement activation key. You’ll need the LPA reference number. |
1 January 2016 – before | If the LPA was registered before this date, you’ll need to show the paper LPA to people or organisations instead. |
Use an LPA service
The Government has created the Use a Lasting Power of Attorney service that can be used by either an Attorney or Donor to:
- allow people or organisations to view a summary of an LPA
- keep track of which people or organisations have been given access to an LPA
- view an LPA summary
- see how people named on the LPA are using the service
- ask for an activation key if they have not been given one
- replace the activation key if theirs is lost or expired
You can only use this service for an LPA that’s registered in England and Wales. The government has now also created the View an LPA service for the organisation to be able to view the LPA.
You’ll need to create an account the first time you use this service using the GOV.UK One Login account. Once you have created that, then you can add the Use the Lasting Power of Attorney services. Next you will need to use your activation key that you received in the letter of registration from the OPG.
Then, to add an LPA to your account or view an LPA, you’ll need both:
- the LPA reference number
- your activation key
You will find both of these in the registration letter sent by the OPG. There is a 12-month activation time limit on the code in the letter so, you need to make sure you activate it as soon as it is received.
What to do if the activation code has expired?
If you haven’t used the activation code within the 12-month period you will need to request a new code. You may also request a code if you only have a paper copy and your LPA was registered after 1 January 2016. To request a code you will need to:
- Login in to the Gov.UK One Login
- Login in to the Use an LPA service
- Click ‘Add an LPA’ (or ‘Add another LPA’ if you already have one)
- Click ‘No I need to request an activation key’
- Then ‘request an activation key’
Request an activation key
To ask for a key, you’ll need to give the following information:
- your name and date of birth
- your current address – all activation keys are sent by post
- the LPA reference number – you’ll find this on the paper LPA and on letters from the Office of the Public Guardian (OPG)
LPA Reference number
If you do not have the paper LPA or any letters from the OPG, check with other people named on the LPA.
On the LPA, the donor told the OPG who they wanted the registered paper LPA sent to. This may have been the donor or an attorney. If a professional, such as a solicitor, helped to make the LPA, it may have been sent to them.
- Next click on ‘Continue’ and provide the LPA Reference number
You will then be sent a new activation key by post.
Once the LPA is activated
Once the LPA has been activated you can use it to send to organisations but not all institutions will accept the online version (See Digital Service for using the LPA). Some organisations, especially banks and financial institutions, will still require you to provide a paper copy. If they do want a paper copy DO NOT send the original unless you absolutely have to, send a certified copy instead. It is an extremely important document and will take weeks to be replaced. In the meantime, you will have no way of proving that you are the Attorney. If you do lose it, you will have to obtain an official ‘office copy’ from the OPG at a cost of £35.
Certified copies
You can also have a certified copy made, allowing you to send the certified copy instead of the original. To get a certified copy you will need to ask a solicitor or notary but only if the Donor has lost capacity. If the Donor still has capacity, they can certify the copy themselves. There is a specific format for this:
How to certify a copy of the LPA:
Write the following text on the bottom of every page of the copy:
‘I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.’
On the final page of the copy, you must also write:
‘I certify this is a true and complete copy of the lasting power of attorney.’
You must sign and date every page.
Using the LPA
Once you have activated the LPA, you can start sending out digital access codes to organisations using the Use an LPA service. You can also now track who has viewed these codes.
Look at our other articles for more guidance on the LPA system:
Six Steps to Setting up an LPA
Top 10 Mistakes in Power of Attorney applications
View a Lasting Power of Attorney online
A Guide to the digital service Use an LPA