The following Private Client guidance note provides comprehensive and up to date legal information covering:
Unlike the old enduring powers of attorney (EPAs), a lasting power of attorney (LPA) cannot be effective until it has been registered with the Office of the Public Guardian (OPG). A Health and care LPA is not effective until it has both been registered with the OPG and the donor has become mentally incapable.
Before the OPG registers an LPA, they will make sure that the LPA is legally correct, contains no errors and that the relevant people have had the opportunity to object if they have any concerns. This procedure enables mistakes and problems to be resolved before the LPA can be used.
Although an LPA will not come into effect until it has been registered, it is not necessary to register an LPA immediately if the donor is not comfortable with this. However, an advantage of registering the LPA as soon as it is created is that this will enable mistakes and problems to be resolved whilst the donor still has capacity and is able, if necessary, to execute a revised LPA form. If registration is delayed and the donor subsequently loses mental capacity, the opportunity to correct any errors may well be lost and the attorneys (or some other interested party) may be forced to apply to the Court of Protection for the appointment of a deputy to make decisions
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