LPAs—people to notify and certificate providers

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • LPAs—people to notify and certificate providers
  • People to notify when the LPA is registered
  • Choosing the people to notify
  • The notification process
  • Certificate providers
  • Who may act as certificate provider
  • Points to note re non-professional certificate providers
  • Points to note re professional certificate providers
  • Completion of the certificate

LPAs—people to notify and certificate providers

FORTHCOMING CHANGE: The Ministry of Justice and the Office of the Public Guardian launched a consultation, Modernising Lasting Powers of Attorney, on 20 July 2021, which will examine the entire process of creating and registering an LPA with a view to introducing a mainly digital service while boosting the OPG’s powers to prevent fraud and abuse. It will examine how technology can be used to reform the process of witnessing signatures on LPAs, improve access to the digital service and speed up the process of creating and registering an LPA. The consultation proposes widening the OPG’s legal powers to check identities and stop or delay any registrations that raise concern. It will also look at making the process for objecting to the registration of an LPA simpler to help stop potentially abusive LPAs. These fundamental changes to the way LPAs are created and registered will require changes to the Mental Capacity Act 2005 (MCA 2005) and to the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253.

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

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