A Lasting Power of Attorney is only legally effective once it has been registered with the Office of the Public Guardian. For many people, this comes as a surprise. Signing the document is not enough on its own. And with registration currently taking considerably longer than it once did, the case for acting sooner rather than later has never been stronger.
What is the registration process?
Once a Lasting Power of Attorney has been signed by all the required parties, it must be submitted to the Office of the Public Guardian for registration. The OPG checks the document, notifies any people named as being told about the LPA, and commences a four-week waiting period after which an official registered copy is released.
Only a registered LPA can be used to manage the donor’s affairs. An unregistered document has no legal effect, regardless of how carefully it was drafted or how many people signed it.
The current position on waiting times
The OPG has faced significant pressure in recent years. Demand for LPAs has increased substantially, and the registration process has at times taken several months. While the OPG has taken steps to reduce the backlog, delays remain a real factor that anyone planning to put an LPA in place should take into account.
The practical consequence is straightforward. If you begin the process today, it may be some months before your LPA is registered and usable. If your circumstances change before registration is complete and you lose mental capacity in the meantime, the document cannot be used, and your family may have no choice but to apply to the Court of Protection instead.
What is the Court of Protection alternative?
If someone loses mental capacity without a registered LPA in place, a family member or other concerned person may apply to the Court of Protection to be appointed as a deputy. This gives them legal authority to manage the person’s affairs.
The deputyship process is significantly more expensive, slower and more administratively burdensome than having a registered LPA. It also involves ongoing supervision by the OPG and annual reporting requirements. It is, in almost every case, a much harder route than putting an LPA in place beforehand.
The importance of acting while you have capacity
An LPA can only be made by a person who has mental capacity at the time of signing. This is a point that catches many people out. It is natural to put these things off, but a sudden illness, accident or diagnosis can change the position very quickly.
The earlier you act, the more time there is for the registration process to complete without any pressure, and the more certain you can be that the document will be in place and ready to use if it is ever needed.
How Milne Moser can help
Our team can advise you on both types of LPA, property and financial affairs and health and welfare, guide you through the signing requirements, and submit the registration to the OPG on your behalf. We will keep you informed throughout the process.
If you have been thinking about putting an LPA in place, please do not leave it any longer. Get in touch and we can get the process started.
