When does a Lasting Power of Attorney need to be registered ?
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
When does the LPA need to be registered?
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This is in contrast to the EPA which could be used before registration. The OPG will charge a fee for registering the LPA.
Even if you do not envisage that your LPA will be needed for many years to come, and while there is no legal requirement to register an LPA immediately, if you decide to defer registration and are in danger of losing mental capacity before the LPA is registered bear in mind that:
An LPA cannot be used pending registration and the registration process takes some weeks.
If the LPA is found to be defective, you will not be able to make a new LPA when you no longer have capacity.
Once the LPA is registered does it come into effect?
If you are making an LPA for Financial Decisions, you have a choice as to when your attorneys can make decisions on your behalf. This could either be:
As soon as your LPA has been registered, in other words while you still have mental capacity, and also when you do not have mental capacity, or
Only when you do not have capacity. If you choose this option, your attorneys might be asked to prove if you have mental capacity on each occasion they try to use the LPA which is likely to make it more onerous for your attorneys.
An LPA for Health & Care Decisions can only be used after it has been registered and only when you have lost mental capacity. It is important to note that you can specify what decisions your attorneys are permitted to make at a time when you lack the capacity to make those decisions yourself, and you must choose whether to give your attorneys the authority to make decisions about life saving treatment or not.
See also Services for the Elderly Client.
How Universal Wealth Preservation can assist you
An LPA can be very flexible but it is important that you understand the legal implications, not only of making an LPA, but its effect.
As part of our estate planning services we assist clients with the completion of LPAs on a daily basis and can advise you on all the legal formalities. We have extensive experience of guiding clients through the process from taking initial instructions to registering the LPA with the Office of the Public Guardian.
If you are an attorney in need of legal assistance and/or advice in relation to your duties, we can help you to ensure you act in compliance with the legal obligations incumbent upon you in your capacity as attorney.
If you are considering making an LPA and require assistance with its preparation and registration or would like to review your estate planning arrangements generally, our team of experts are here to assist you. Contact us to arrange a FREE no-obligation home consultation with one of our advisers. We would be happy to discuss your requirements.
If you would like to book your place on one of our forthcoming Keep it in the Family seminars click here.