Lasting Powers of Attorney - registration delays

The Office of the Public Guardian (OPG) announced that severe delays in processing Lasting Powers of Attorney applications are due to social distancing rules limiting the number of people in the office. The OPG has stated that once the court fee is received, it is taking a further 15 weeks to register the documents.

Lasting Powers of Attorney (LPAs) can only be used once they have been registered by the OPG  so it is important that once the LPAs have been signed, there should not be a delay in sending off the applications to the OPG for registration. 

What to do once your LPA has been registered

 1.         Keep the originals in a safe place.  Birkett Long will be happy to store your LPAs free of charge in our secure vault, so you can have peace of mind knowing that your documents are safely secured. 

2.         Notify your GP that you have a Health & Welfare LPA in place. 

3.         Lodge your Property & Financial Affairs LPA with your bank and any other financial accounts that you have. 

4.         If you would like your attorneys to act as soon as your Property & Financial Affairs LPA is registered, have your attorneys’ details set up on any financial accounts (i.e. provide their ID etc.) 

5.         Tell your attorneys where your original LPAs are being held in case they require certified copies in the future. 

6.         Speak with your attorneys about any concerns that you have about any specific medical treatments and be open and transparent with them about your wishes.

7.         Health & Welfare attorneys can only begin acting under the LPA once the donor has lost capacity. 

What to do if you want to change your LPA in the future

If, in the future, you want to cancel your LPA, you can do so as long as you have mental capacity.  If the LPA has been registered, then all you need to do is complete a Deed of Revocation to cancel it.

What to do if your attorney does not want to act once the LPA is registered 

If your attorney decides once the LPA is registered that they do not want to act, they can choose to stop acting as an attorney formally by disclaiming as an attorney.

If your attorney disclaims, then your replacement attorneys can step in and act with any of your original attorneys appointed, subject to any conditions in your LPA.

Replacement attorneys cannot temporarily replace an original attorney.  The change is permanent.

If you would like assistance in making your LPAs then please contact one of our specialists.  I work in our Colchester office and can be contacted on 01206 217609 or [email protected].