LPA’s – What Does The Registration Procedure Involve?
In her latest Timms blog, Wills and Probate Solicitor Anna-Louise Bradley discusses “Lasting Powers Of Attorney – What Does The Registration Procedure Involve?”
What Is A Lasting Power Of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘Donor’) appoint one or more people (known as ‘Attorneys’) to help you make decisions, or to make decisions on your behalf, when you may lack the mental or physical capacity to do so yourself.
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
What Are The Different Types Of LPA’s
- Health and Welfare;
Attorneys can make decisions for you about your daily routine, for example washing, dressing, eating, medical care, moving into a care home and life-sustaining treatment etc.
This type of LPA can only be used when you’re unable to make your own decisions through mental incapacity, and it is registered.
- Property and Financial Affairs;
Attorneys can manage a bank or building society account, pay bills, collect benefits or a pension, sell your home etc.
This type of LPA can be used as soon as it’s registered, with your permission.
Registration With The Office Of Public Guardian
When you’ve made your lasting power of attorney, you need to register it with the Office of the Public Guardian (OPG).
Unfortunately, at this time it is taking the OPG up to 20 weeks to register an LPA if there are no mistakes in the application.
The time scale pre-pandemic was much quicker, at around 6 to 12 weeks for registration.
You can apply to register your LPA yourself if you’re able to make your own decisions.
Your attorney can also register it for you.
It costs £82 to register an LPA (so £164 for both types of LPA) unless you get a reduction (if you earn less than £12,000) or exemption (receive certain State Benefits).
Notifying People
Before you register, it may be necessary, depending on your instructions and wishes to send a paper notice to all the ‘people to notify’ (also called ‘people to be told’) you listed on your LPA document.
The persons that are notified then have 3 weeks to raise any concerns with OPG (if they wish).
I can take your instructions and prepare both types of LPA documents for you. I can also assist with registering your LPA documents with the Office of the Public Guardian on your behalf or on behalf of your attorneys, including notifying the relevant persons if required.
How Can Timms Help?
If you have any further questions please contact me, Anna Bradley at abradley@timms-law.com or via phone on 01283 241231. Alternatively, you can visit the Wills and Probate section of our website here.
