Lasting Powers of Attorney (LPA) came into effect in 2007 under the Mental Capacity Act 2005 and replaced the former Enduring Powers of Attorney.
An LPA allows a person to give someone they trust (their attorney) legal authority to make necessary decisions on their behalf if they lose the mental capacity to do so.
Making an LPA can be highly overwhelming, as it can be daunting to think about the potential repercussions of losing mental capacity and not being able to make decisions for yourself.
This article will explore registering your Lasting Power of Attorney and the importance of having one in place.
Registering an LPA
Once you have created your LPA according to your wishes, you should register it with the Office of the Public Guardian (OPG).
Provided that an application has been completed correctly, the process of registering a Lasting Power of Attorney can take up to 20 weeks.
It is possible to apply for your LPA if you have mental capacity. Alternatively, if you have lost mental capacity, your attorney can register it for you. Find out about who you might select to be your attorney here.
Please note that if your attorney tries to register your LPA, but you do not want that to happen, it is possible to object to the registration.
How much does it cost?
The Lasting Power of Attorney registration fee is currently £82 (April 2023) per LPA. So, if you are registering LPAs for both property and financial affairs and health and welfare, you will pay £164.
Those on a low income or those receiving certain income-related benefits may be exempt from this fee.
What else do I have to do?
Before registering your LPA, you must notify the people who need to be told. To do so, you must follow this government guidance, which includes a specific form to be filled out by you and your attorney that you have selected.
Furthermore, if you make a mistake on your form, you will need to rectify it. OPG may let you correct the form and reapply within three months for an additional fee of £41.
Power of Attorney Solicitors
At Jackson Longe, we have extensive experience assisting clients with creating and registering their Lasting Powers of Attorney in and around Richmond, Surrey.
For more information, please click here. Otherwise, you can call us on 0208 332 2069 or email info@jacksonlonge.com.
