How do I Register a Lasting power of Attorney (LPA)?
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Registration of an LPA follows a particular format – the basics of which we explain here.
For your Lasting Power of Attorney (LPA) to work (for your attorneys to be able to act on your behalf), the LPA must first be registered with the Office of the Public Guardian (OPG). Here we explain how you register an LPA.
Do I have to notify certain people that I registering an LPA?
Yes – you do! It is a ‘saftey net’ to avoid fraud or misuse of an LPA
Who chooses who to notify of the Registration of an LPA?
The donor (the person making the LPA) can choose up to 5 people to be notified of the registration of the LPA if they wish. They are named when the LPA is made.
Why have Notifications of the Registrations of an LPA?
The People to be notified are able to raise an objection to the registration if appropriate. Those objections might be because the persons being notified feel that the donor (the person who made the LPA) either still has capacity or is under duress.
Who can be a notified person in the Registration of an LPA?
They can be anyone the donor chooses and are not limited to family member, but they cannot be an attorney or replacement attorney.
Can I change the persons to be notified under my LPA?
Yes you can, but once named, the choice of people can’t be changed without revoking and making a new LPA.
They must make any objections to the OPG within 3 weeks of being notified, in writing and with evidence in support.
Who do I Register an LPA with?
The powers given in an LPA to the attorney can’t be used until the LPA has been registered with the OPG.
For peace of mind – it is worth registering your LPA.
When do I register and LPA with the Office of the Public Guardian (OPG)?
Registration doesn’t need to happen immediately.
Where do I send completed LPA forms?
Completed LPA forms should be sent to:
Office of the Public Guardian
PO Box 16185
How do I register and Lasting Power of Attorney with the OPG?
Before registering the LPA, the donor or attorney(s) must inform the ‘named persons’ to inform them of the pending registration. Once notification has been made, the application for registration can be made OPG by sending the original signed LPA.
How long does it take to register an LPA?
Once received, the OPG notifies the applicant that the application has been received, and allows the donor or attorney the opportunity to object to the registration within 3 weeks.
Provided there have been no objections or any reason for the OPG to refuse registration, the LPA must be registered at the end of 4 weeks from the date the OPG sent notification of receipt.
Problems at the point of registering an LPA
Some common problems that arise at the point of registration:
- Where the attorney’s date of birth is omitted – this gives evidence that the attorney is over 18
- Where the original / certified copy of the LPA is not sent with the registration forms
- Where the donor’s date of birth is wrong – this is critical as they must be over 18
- The LPA hasn’t been witnessed correctly
- The LPA has been signed in the wrong order
What happens to my LPA when I die?
If the donor dies after registration, the original LPA and all office copies should be returned to the OPG
How much are the Registration fees for an LPA?
There is a registration fee of £82 per LPA to be registered
Help with Registering an LPA?
If you need help with any aspect of Lasting Power of Attorney (LPA) please get in touch with our team of expert LPA solicitors. Please contact us using the details below.
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