 | An excerpt from Lawpack's Power of Attorney Kit . |
If you've chosen someone to look after your affairs in case you're not able to control them yourself and have made a Lasting Power of Attorney (LPA), then it needs to be registered with the Office of the Public Guardian for it to be valid.
But when is the right time for you to register the power of attorney? Do you register the Lasting Power of Attorney yourself or does your 'attorney' do it? Here's our guide to the registration process.
Does the Lasting Power of Attorney have to be registered?
Before a Lasting Power of Attorney can be used (even when you have no problems with capacity) the LPA must be registered with the Office of the Public Guardian (OPG) - a government organisation that is responsible for the management of the affairs of adults who are incapable - for the LPA to be valid.
It's not necessary to register a Lasting Power of Attorney immediately after it's created but the LPA cannot be used in any way before it is (even in the case of a Lasting Power of Attorney Property and Financial Affairs that is intended to be used when you have capacity).
Once registered, a Lasting Power of Attorney Property and Financial Affairs (LPA PFA) can be used by the Attorney, unless it's expressed not to apply until you lack capacity in respect of a specific decision. A Lasting Power of Attorney Health and Welfare can only be used by the Attorney if you lack capacity in respect of a particular decision.
When should the Lasting Power of Attorney be registered?
The application to register the power of attorney can be made at any time after you have made a Lasting Power of Attorney. Once the Lasting Power of Attorney is registered, it continues indefinitely.
Who registers the Lasting Power of Attorney?
You (as the 'Donor') or one or more of your Attorneys can register the Lasting Power of Attorney with the Office of the Public Guardian.
Is there anything I need to do before registering the power of attorney?
Prior to registering the power of attorney, the person(s) applying to register the Lasting Power of Attorney must notify all those people who are specified within the Lasting Power of Attorney as people to receive notice of the LPA registration. To do this, power of attorney Form LPA 001 must be completed.
If the application is made by you ('the Donor'), the Office of the Public Guardian will send the Attorney(s) notice of the application to register (Form LPA003A). If the application is made by an Attorney, you will be sent notice by the Office of the Public Guardian (Form LPA003B).
Those persons notified of the LPA registration can object to the Lasting Power of Attorney being registered.
How can someone object to the registration?
There are two grounds on which a person can object to the registration of the power of attorney:
- The power of attorney form is no longer valid; for example, because you or the Attorney is dead or bankrupt, the Attorney lacks capacity, or you and the Attorney were married (or in a civil partnership) that has been dissolved. In these circumstances the objection must be made to the Office of the Public Guardian using a power of attorney Form LPA 007, within five weeks of them receiving notice of the intended registration of the power of attorney.
- The power of attorney form has been obtained improperly in some way; for example, because the formalities were not complied with, you lacked the necessary capacity, or the power of attorney had been obtained by fraud or undue pressure. A further ground is that the Attorney proposes to act in a manner contrary to your best interests. In these circumstances the objection must be made to the Court of Protection using power of attorney Form COP7, and notice of the objection must be given to the Office of the Public Guardian on Form LPA 008 within five weeks of them receiving notice of the intended registration of the power of attorney.
How is the Lasting Power of Attorney registered?
An application to register the power of attorney may be made by you or by one or more of the Attorneys. To apply for registration, the power of attorney Form LPA 002 must be completed and sent to the Office of the Public Guardian, along with a fee. The LPA 002 form comes with its own guidance notes (LPA 002 Guidance Notes). Both of these forms are available in our Power of Attorney Kit.
The Office of the Public Guardian will then stamp each page of the power of attorney form to show that it has been registered.
What is the fee?
A fee must be paid when the power of attorney is registered and it must be sent along with the application for registration. The fees are subject to periodic change, but you can check the current fee by calling the Office of the Public Guardian on 0845 330 2963.
In some circumstances, you may be entitled to an exemption, remission or postponement of the fee. If you're entitled to a means-tested benefit, there is very likely to be an exemption.
You can find out more about making a lasting power of attorney here , or you can stop worrying and make a power of attorney today here .
Further information
Article: What does a power of attorney do?
Article: The powers you can give with a Lasting Power of Attorney
Article: Choosing Attorneys for your power of attorney
Article: Can I still use my Enduring Power of Attorney
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