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 it? Do you register the LPA yourself or does your ‘attorney’ do it? Here’s our guide to the registration process.
Does the LPA have to be registered?
Before a LPA 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 LPA immediately after it’s created but the LPA cannot be used in any way before it is (even in the case of a LPA Property and Financial Affairs that is intended to be used when you have capacity).
Once registered, a LPA Property and Financial Affairs can be used by the Attorney, unless it’s expressed not to apply until you lack capacity in respect of a specific decision. A LPA Health and Welfare can only be used by the Attorney if you lack capacity in respect of a particular decision.
When should the LPA be registered?
The application to register the LPA can be made at any time after you have made it. Once it is registered, it continues indefinitely.
Who registers the LPA?
You (as the ‘Donor’) or one or more of your Attorneys can register the LPA with the Office of the Public Guardian.
Is there anything I need to do before registering the LPA?
Prior to registering the LPA, the person(s) applying to register it must notify all those people who are specified within the LPA as people to receive notice of the registration. To do this, 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 LPA being registered.
How can someone object to the registration?
There are two grounds on which a person can object to the registration of the LPA:
- The form is no longer valid; for example, because you or the Attorney is dead or bankrupt, the Attorney lacks capacity, or you and the Attorney were married (or in a civil partnership)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 Form LPA 007, within five weeks of them receiving notice of the intended registration of the LPA.
- The 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 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 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 LPA.
These forms are available to download from our website when your purchase our DIY Lasting Power of Attorney Kit.
How is the LPA registered?
An application to register the LPA may be made by you or by one or more of the Attorneys. To apply for registration, 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 form to show that it has been registered.
What is the registration fee?
A fee must be paid when the LPA 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 0300 456 0300.
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.
Published on: October 25, 2010