The following Private Client guidance note Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell provides comprehensive and up to date legal information covering:
A Lasting Power of Attorney (LPA) is not effective until it has been registered with the Office of the Public Guardian (OPG). Upon receipt of an application to register an LPA, the OPG must register it unless it receives a valid notice of objection or there is a defect in the LPA. For guidance on creating an LPA, see: Creating a valid LPA and for guidance on registering an LPA, see: LPA Registration procedure.
As part of the registration process, the applicant (the donor or the attorney) must give notice, by form LP3, of their intention to register the LPA to any people named in the LPA to receive such notice (people to notify). If the attorney applies to register the LPA, the OPG must give notice to the donor. The OPG must also give notice to the attorney(s) if an application to register is made by the donor or another attorney.
Objections to registration of an LPA by the donor, attorney(s) or any of the people notified must be made within three weeks of them having received notice of the intended registration.
The donor can object for any reason, by giving notice on form LPA006, to the OPG. The OPG must not then register the LPA unless the attorney has applied to, and satisfied, the Court of
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