In my last article I dealt with registration of an ‘enduring power of attorney’ (EPA). In 2007, this instrument was replaced by the ‘Lasting Power of Attorney’ (LPA). There are two types of LPA: the health and welfare LPA and the ‘property and financial affairs LPA.
There are a number of points which should be made clear with respect to the LPA and this article:
- This article deals with the registration of LPAs created using forms : LPA114 or LPAPW (in the case of health and welfare) and LP117 or LPA PA (in the case of property and financial affairs);
- It does not deal with LPAs created via forms LP1F or LP1H (which can be registered by completing sections 12-15 of these forms, themselves). Nor does it deal with those made using the LPA digital service, for whose management you should log into your account (gov.uk/power-of-attorney);
- Property and financial LPA’s take effect as soon as registered;
- Health and welfare LPA’s should be registered as soon as the ‘donor’ (the individual to whose affairs the document pertains) loses capacity;
- LPA’s do not take effect until registered.
Act promptly and ensure documents are correct
An LPA has no effect until registered with the Office of the Public Guardian (OPG). It is critical that you ensure documents have been completed correctly, this should be done as early as possible. They can only be corrected whilst the donor has mental capacity and attorney(s) (those charged with managing the donor’s interests) may be unable to amend later.
The OPG cannot register documents which are incorrect, if there are errors, attorney(s) may be forced to apply to the court of protection for provision, this process can be lengthy and costly.
If you have any doubts, the OPG should be contacted:
By post: Office of the Public Guardian, Po Box 16185, Birmingham, B2 2WH;
By e-mail: email@example.com
By telephone: 0300 456 0300
Complete the registration form and notify people
The LPA form should include a list of ‘people to be told’ (also termed ‘named persons’). These parties should be notified using form LP3 (Form to notify). Once this document is dispatched, there is a four week delay to provide for possible objections.
After this period, form LP2 may be completed and sent to the OPG, at the address above, to register the LPA. Payment of £82 (correct at time of writing), should also be included. For more information on how to pay see : www.gov.uk/power-of-attorney/register .