The following Private Client guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains the role of certificate providers and people to notify in the making and registration of lasting powers of attorney (LPAs). For an introduction to LPAs, see: Creating a valid LPA and for information on choosing LPA attorneys, see Practice Note: Choosing the LPA attorney.
The concepts of the certificate provider and named persons to notify were introduced by the Mental Capacity Act 2005 (MCA 2005) into the LPA forms. These concepts did not exist in respect of the old enduring powers of attorney (EPAs), where the only safeguard is the requirement to notify the donor and a prescribed class of relatives at the time of registration of the EPA. This safeguard is of questionable use because, unlike an LPA, an EPA is effective immediately once signed (subject to any relevant restrictions) and does not need to be registered unless and until the attorney has reason to believe that the donor is becoming mentally incapable. EPAs are therefore often used for years before they are registered and are sometimes never registered at all if the donor retains mental capacity until the end of their life. LPAs, on the other hand, must be registered before they may be used. For further guidance on the registration of EPAs and LPAs, see Practice Notes: EPAs—registration procedure and LPAs—Registration procedure.
The requirements regarding the
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