If you’re exploring how to secure the legal authority for someone to make decisions on your behalf should you become unable to do so yourself, you might be considering setting up a Lasting Power of Attorney (LPA). At Blackstone Solicitors, we understand that the process can seem complex, so we’re here to break down the steps involved in registering an LPA with the Court of Protection.
A Lasting Power of Attorney is a crucial legal tool that allows you to appoint someone to manage your affairs if you become incapacitated. However, for an LPA to be effective, it must be registered with the Office of the Public Guardian (OPG) before it can be used. Let’s walk through the process of registering your LPA and what you need to know to ensure everything is handled smoothly.
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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is a Lasting Power of Attorney (LPA)?
Before diving into the registration process, it’s important to understand what an LPA is and why it’s important:
- Lasting Power of Attorney: An LPA is a legal document that allows you to appoint one or more individuals (known as attorneys) to make decisions on your behalf. There are two types of LPA:
- Property and Financial Affairs LPA: This allows your attorneys to manage your financial matters, such as bank accounts, investments, and property.
- Health and Welfare LPA: This permits your attorneys to make decisions about your health and personal welfare, including medical treatment and living arrangements.
Why Register an LPA?
The registration of an LPA is a legal requirement for it to become effective. Without registration, the LPA cannot be used to make decisions on your behalf. The process ensures that the appointed attorneys are authorised to act and that the LPA complies with legal standards. It also provides a safeguard against abuse by verifying that the document is genuine and correctly completed.
The Registration Process
Here’s a step-by-step guide to registering your LPA with the Court of Protection:
- Complete the LPA Forms
The first step in registering your LPA is to complete the necessary forms. You can obtain these forms from the Office of the Public Guardian or through legal resources. The forms include:
- Form LPA001: This is the application form for registering the LPA.
- Form LPA002: This is the actual LPA document where you appoint your attorneys and specify their powers.
Ensure that both the donor (the person making the LPA) and the attorneys have signed and dated the forms. For the Health and Welfare LPA, you’ll also need a certificate provider’s signature to confirm that the donor understands the LPA and is making it freely.
- Prepare Supporting Documents
Alongside the completed LPA forms, you’ll need to gather and prepare additional supporting documents:
- Identification Documents: Proof of identity for the donor and attorneys may be required, such as passports or driving licences.
- Certificate Provider’s Declaration: If you’re registering a Health and Welfare LPA, the certificate provider must complete a declaration confirming that the donor understands the LPA and is not under undue pressure.
- Pay the Registration Fee
There is a registration fee for each LPA application. As of the current fee structure, the cost is £82 per LPA. This fee is payable to the Office of the Public Guardian and can be paid by cheque or online. If you are registering more than one LPA, you will need to pay the fee for each document separately.
- Submit the Application
Once you have completed the forms, prepared the supporting documents, and paid the registration fee, you need to submit your application to the Office of the Public Guardian. The submission can be done by post, or in some cases, you may be able to submit it online.
Ensure that all documents are correctly completed and signed to avoid any delays in the registration process.
- Await Confirmation
After submitting your application, the Office of the Public Guardian will review the documents and process the registration. This can take several weeks, so it’s important to be patient. During this time, the OPG will check that all required information is included and that the LPA complies with legal requirements.
If there are any issues or missing information, the OPG will contact you for clarification. Once the LPA is successfully registered, you will receive a certificate of registration.
What Happens After Registration?
Once your LPA is registered, it becomes legally effective and can be used by your attorneys to make decisions on your behalf. Here’s what happens next:
- Notification to Attorneys: The OPG will send a copy of the registered LPA to the attorneys, so they are aware of their responsibilities and can begin acting in their capacity.
- Use of LPA: Your attorneys can now use the LPA to manage your affairs as specified in the document. This includes handling financial matters or making decisions about your health and welfare, depending on the type of LPA.
- Safeguarding: The registered LPA is a matter of public record, which helps safeguard against potential misuse. The OPG can provide support if any issues or disputes arise concerning the LPA.
Key Considerations
Here are a few important considerations to keep in mind when registering your LPA:
- Accuracy: Ensure that all forms are completed accurately and in full to avoid delays or issues with registration.
- Updates: Review and update your LPA regularly, especially if there are significant changes in your circumstances or personal preferences.
- Legal Advice: While the registration process can be completed independently, seeking legal advice can be beneficial to ensure that your LPA is correctly drafted and that all legal requirements are met.
- Record Keeping: Keep copies of all documents and correspondence related to the LPA registration for your records.
Conclusion
Registering a Lasting Power of Attorney with the Office of the Public Guardian is a crucial step in ensuring that your affairs are managed according to your wishes if you become incapacitated. By understanding the registration process and following the necessary steps, you can ensure that your LPA is valid and effective when needed.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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