Go all the way with your LPA
As with many things in life it is important to see them through to the end in order to achieve the best results. This is definitely the case when making a Lasting Power of Attorney (LPA) as Linda Cummins, Head of Wills and Probate, explains:
“Deciding to make a Lasting Power of Attorney is never an easy decision. Like a Will it makes us think about things we’d rather push to the back of our mind so anyone who recognises its importance and goes on to appoint an Attorney should be commended.
“But making a LPA is only the first step in the process. LPAs must be registered by the Office of the Public Guardian (OPG). If they aren’t they are not effective the Attorney does not have the authority to act on your behalf.
“We encourage all our clients who make LPAs to register them as soon as they are made. Our fees even include our costs for making the application to register^. Delaying can only cause more problems particularly if capacity is lost when the application for registration is made.
“If there are any issues with the LPA then it could be rejected by the OPG and deemed invalid. If the person is then unable to create another LPA (i.e. they have lost capacity) they are then left unprotected despite their best endeavours.”
A Lasting Power of Attorney is a legal document which allows you to appoint someone as your Attorney to look after your affairs if you are unable to do so.
^LPA fee includes costs for making the application to register but not the court fee
Content correct at time of publication