A lasting power of attorney allows someone you trust to make decisions on your behalf if you become unable to manage your own affairs in the future. Putting a lasting power of attorney in place can provide reassurance that important decisions about finances, property, health and welfare will be handled by someone you have chosen. However, before it can be used, it must first be properly registered.
Understanding the registration process can help ensure that the document is valid and ready to be used when needed.
What Is a Lasting Power of Attorney?
A lasting power of attorney, often referred to as an LPA, is a legal document that allows one or more people, known as attorneys, to make decisions on behalf of another person, known as the donor. There are two types of LPA: one covering property and financial affairs, and another covering health and welfare decisions.
A property and financial affairs LPA can allow attorneys to manage matters such as bank accounts, bills, property transactions and investments. A health and welfare LPA relates to decisions about medical treatment, care arrangements, daily routines and, in some cases, life-sustaining treatment.
The donor must have mental capacity when creating and signing the document. Once completed, the LPA must be registered with the Office of the Public Guardian before it can be used.
How Is an LPA Registered?
After the LPA has been completed and signed by all parties, an application must be made to register it with the Office of the Public Guardian. This can be done by the donor or by the appointed attorneys.
The application includes submitting the signed LPA forms together with the required registration fee. Certain people may also need to be notified of the application if they were named in the document. The Office of the Public Guardian will then review the application to ensure it has been completed correctly and that there are no objections to registration.
The registration process is designed to safeguard the donor and ensure that the document has been prepared correctly. If errors are identified, the application may be delayed or returned for correction, which can significantly increase the time it takes for the LPA to become valid.
Applications must be submitted by post sending the original signed documents.
How Long Does Registration Take?
Registering an LPA can take several weeks. Delays may occur if forms have been completed incorrectly, signatures are missing or objections are raised during the process.
There is also a statutory waiting period built into the registration process, allowing time for any concerns or objections to be raised before the LPA is formally registered.
It is often advisable to register an LPA as soon as possible after it has been signed, rather than waiting until it is urgently needed. Early registration helps ensure that the document is ready to be used without unnecessary delay if circumstances change unexpectedly.
Many people choose to register an LPA immediately after it has been completed even if they do not expect it to be used for many years. This can provide reassurance that the document is already in place should circumstances change suddenly due to illness or injury.
Can an LPA Be Used Before Registration?
No. A lasting power of attorney has no legal authority until it has been registered by the Office of the Public Guardian. Even if the document has been signed correctly, attorneys cannot act on behalf of the donor until the registration process is complete.
Once registered, a property and financial affairs LPA may be used with the donor’s permission while they still have capacity, whereas a health and welfare LPA can only be used if the donor loses mental capacity.
Attorneys must always act in the donor’s best interests and follow the principles set out in the Mental Capacity Act 2005 when making decisions on the donor’s behalf.
Key Considerations
Registering a lasting power of attorney is an important step in ensuring that future decisions can be managed smoothly and lawfully. Completing the forms accurately, choosing suitable attorneys and registering the document promptly can help avoid delays and complications later on.
It is also important to consider who should act as attorney, whether replacement attorneys should be appointed and how decisions should be made if more than one attorney is involved. Careful planning at the outset can help reduce the risk of disputes or practical difficulties in the future.
We Can Help
Preparing and registering a lasting power of attorney can feel complex, particularly when considering future financial or healthcare decisions. Our private client specialists can guide you through the process, ensure the documents are completed correctly and help provide peace of mind about the future.
If you would like advice about creating or registering a lasting power of attorney, contact us to discuss your situation.
