REGISTERING AN LPA
Lasting Power of Attorney
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. When a Property and Affairs LPA has been successfully registered it can be used straight away. With a Health and Welfare LPA, it can only be used when it is registered and the Donor has lost their mental capacity to make decisions, has difficulty doing day to day tasks, paying bills and so on.
It is sometimes not necessary to register a Lasting Power of Attorney straight away. It might be preferable to wait until it is actually needed to be used. However in our opinion, it is often best to register the LPA as soon as possible so as to avoid delays, as it usually takes 3 months for it to be registered.
Furthermore, registering earlier means that any mistakes or errors can be identified and corrected by the Court. If there is a delay in registering and it is found that there are errors then the Donor might then no longer have the mental capacity to make a new Lasting Power of Attorney.
There is an application form that has to be completed to register a Lasting Power of Attorney with the Office of the Public Guardian. There will be a fee payable to register the document. If the Donor has made both a Property and Financial Affairs Lasting Power of Attorney and a Health and Welfare Lasting Power of Attorney, then these will have to be registered separately.
We can assist with completing the application form, provide tailored legal advice relating to your personal circumstances and the best approach to take with choosing your Attorneys.