Register A Lasting Power Of Attorney
When you register a Lasting Power of Attorney, there is strict guidelines that must be followed. It is advised to use a solicitor to ensure that the Lasting Power of Attorney is valid and that the Public Office will approve of it.
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How To Register A Lasting Power Of Attorney
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. With a Property and Affairs Lasting Power of Attorney, once it has been successfully registered it can be used straight away. With a Health and Welfare Lasting Power of Attorney, after it has been successfully registered it can only be used once the Donor has lost their mental capacity to make decisions.
It is sometimes not necessary to register a Lasting Power of Attorney straight away. It might be preferable to wait until the Lasting Power of Attorney is actually needed to be used. However in our opinion, it is often best to register the Lasting Power of Attorney as soon as possible so as to avoid delays, as it usually takes 3 months for a Lasting Power of Attorney to be registered.
Furthermore, registering the Lasting Power of Attorney earlier means that any mistakes or errors can be identified and corrected by the Court. If there is a delay in registering the Lasting Power of Attorney and it is found that there are errors then the Donor might then no longer have the mental capacity to make a new Lasting Power of Attorney.
Currently it takes about 3 months for the Court to process a Lasting Power of Attorney application. There has to be a minimum period of 6 weeks to allow the people who the Donor has chosen to be notified to have the chance to raise any objections to the Lasting Power of Attorney. The rest of the registration period is spent by the Court checking the application and ensuring that the provisions contained with the Lasting Power of Attorney are acceptable and ruling out any potential problems with the contents.
There are two forms that need to be completed to register a Lasting Power of Attorney:
1. Notice of Intention to Apply (LPA 1)
2. Application Form (LPA 2).
Application To Register A Lasting Power Of Attorney
There is an application form that has to be completed to register a Lasting Power of Attorney with the Office of the Public Guardian. There will be a fee payable to register the document. If the Donor has made both a Property and Financial Affairs Lasting Power of Attorney and a Health and Welfare Lasting Power of Attorney, then these will have to be registered separately.
We can assist with completing the application form, provide tailored legal advice relating to your personal circumstances and the best approach to take with choosing your Attorneys.
Notifying People Of Registration
The Donor has the option to nominate two people (these two people should know the Donor well) and these people will be notified that an application is being made to register a Lasting Power of Attorney. This notification gives the nominees an opportunity to object to the making and registering of the Lasting Power of Attorney. A Notice of Intention to Register a Lasting Power of Attorney Form LPA1 is used in order to complete this part of the process.
This procedure is simply a safeguard to make sure that the Donor is not being unduly influenced, pressurised or forced into signing or making the Lasting Power of Attorney against their will.
Up to five people can be told but two will have to be told. The Donor does not have to choose anyone and if they don’t then the Donor will have to appoint two people to be Certificate Providers instead of the usual one (a Certificate Provider is a professional who confirms that the Donor has complete mental capacity). Only persons over 18 can be notified.
How Much Is It To Register A Lasting Power Of Attorney?
The Court charges a fee in order to register and process the Lasting Power of Attorney. This is to cover the cost of checking, registering the Lasting Power of Attorney and resolving any errors.
If the Attorney is paying the fee they can reclaim the fee from the Donor. We will explain the fee in our cost quote, and we do not include any hidden extras.
The Donor will not have to pay any fees if they are in receipt of any of the following benefits:
1. Income Support
2. Income Based Employment and Support Allowance
3. Income Based Job Seekers Allowance
4. Pension Guarantee Credit
5. Working Tax Credit and Child Tax Credit/Severe Disability Element
6. Housing Benefit or Council Tax Benefit.
If the Donor is on a low income, on state benefits or has a low capital and savings then they may be eligible to pay a reduced fee. If the Donors gross annual income is less than £12,000, then the Donor will only have to pay 50% of the fee.
If a fee exemption or fee remission is claimed then it is necessary to provide evidence which is less than 3 months old in support such as a letter or other document clearly showing the benefit that the Donor is receiving.
In order to claim a Fee Exemption or Fee Remission then it will be necessary to complete a Fee Exemption/Remission Form called an LPA 120.
No refunds are usually given even if the application is rejected or if the Donor or their Attorney die before the registration of the Lasting Power of Attorney is complete. If the application is corrected, and not rejected, then there should not be a need to pay an additional fee.
Application To The Court
Once all the Lasting Power of Attorney forms have been completed and signed then they will need to be all sent to the Court.
It will be necessary to send off the following:
1. Lasting Power of Attorney Form
2. Application to Register Form
3. Notice of Intention to Register Forms (one for each person)
4. Registration Fee or Fee Remission Form (LPA120).
The forms will need to be sent off to the following address:
Office of the Public Guardian
PO Box 16185
If the application to register is successful the Court will send back the original Lasting Power of Attorney endorsed with the Courts seal.