A lasting power of attorney, or LPA, is an important document. To ensure its validity, you need to follow all legal requirements, including registering it with the Office of the Public Guardian.
What is registering an LPA?
Registering an LPA means informing the Office of the Public Guardian, or OPG, that you have designated a certain person to act on your behalf in financial and/or health matters, should you no longer have mental capacity. It must be done within a year of ordering through your chosen certificate provider, with an adult not related to you who has known you for two years, signing and confirming that you created the LPA knowingly and willingly. If you apply for LPA’s online through Power of Attorney Online or similar services, you should also find guidance on completing the process.
When the time comes to register, you have to send what is known as an LP3 form to any person named in the LPA document. This allows them to raise any concerns. You can then complete the LPA and send it to OPG, where it should take between eight and ten weeks to process. It is possible to complete the LPA online, including the LP3, but the OPG form must be printed and sent by post.
Why is registration important?
The most important reason to register your LPA is to ensure it is legally binding and a matter of public record. More broadly, it means your wishes will be respected if you become incapacitated, and the person or people you designate can feel confident in their position, and will not have to go to court to establish their legal standing. If your designated attorney has to interact with your doctor or bank, they will need a registered LPA. Considering that an LPA involves people in vulnerable positions and can involve major healthcare or financial decisions, it is vital to take all possible safeguarding measures.
If you fail to register your LPA, you cannot guarantee that your designated person has control of your affairs if you are incapacitated, and there could be further legal complications.
