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All attorneys must be registered by the Office of the Public Guardian (OPG) before registering for an LPA.
This is to ensure:
- That the LPA is legally correct
- That there are no errors
- People have the opportunity to object if they have concerns about the LPA
To register a lasting power of attorney, follow these steps:
Prepare the forms
Obtain the appropriate lasting power of attorney forms from the OPG. There are separate forms for property, and financial affairs and health and welfare LPAs. It is important to ensure you have the correct forms for the type of LPA you are registering for.
Complete the LPA forms
Fill out the forms as accurately as possible and provide all the necessary information. This will include details about the person creating the LPA, the appointed attorneys, any replacement attorneys you may want, and any specific instructions or preferences you would like to include.
Notify relevant individuals
Notify the individual, attorneys, and any other persons involved about your intention to register the LPA. This allows them to be aware of their roles and responsibilities and ensures they understand their authority and obligations.
Obtain certificate provider signatures
A certificate provider, such as a solicitor, registered healthcare professional, or someone else who has known the individual for at least two years, needs to sign the LPA forms. The certificate provider confirms that the donor understands the nature and effect of the LPA and that there is no undue pressure or fraud involved.
Complete the registration form
Along with the LPA forms, you need to complete a separate registration form provided by the OPG. This form includes details about the individuals, attorneys, and any additional instructions or preferences.
All relevant forms are on found on the Gov website lastingpowerofattorney.service.gov.uk.
Submit the forms
Send the completed forms, registration form, and payment to the OPG. The address for submission can be found on the OPG’s website.
It is recommended to send the documents by recorded delivery or use a secure postal service to ensure they reach the OPG safely.
Registration fee
There is a fee associated with registering an LPA. The government website states it costs £82 to register an LPA unless you are eligible for a reduction or are exempt. All payments can be made over the phone.
Am I exempt or can I receive a reduction?
Those who are eligible and receive the following benefits in the list below may be exempt or receive a reduction in the registration fee. If the individual receives the following means-tested benefits, they can apply for an exemption. They can also ask for their chosen attorney or solicitor to do this on their behalf.
- Income support
- Income-based employment and support allowance
- Income-based jobseeker’s allowance
- Guarantee credit element of state pension credit
- Housing benefit
- Council tax reduction/support
- Local housing allowance
- Working tax credit – disability element of working tax credit – severe disability element of working tax credit not included
- Disability living allowance
- Invalidity benefit
- Personal independence payment
Registration confirmation
The Office of Public Guardian (OPG) will review the submitted forms and process the registration. The process can take up to 20 weeks to register an LPA if there are no mistakes in the application and no objections.
Once the registration is complete, you will receive a registration confirmation document, often referred to as the LPA registration certificate.
It’s important to note that the registration process may vary slightly depending on the specific requirements and procedures set by the OPG. It is recommended to visit the OPG’s website or consult with a solicitor for the most up-to-date and accurate guidance on registering an LPA.
Lasting Power of Attorney Information
- What is Lasting Power of Attorney?
- Mental Capacity
- Types of Lasting Power of Attorney
- Choosing an Attorney
- Registering for an Attorney
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