Lasting Power of Attorney Registration FAQ - United Kingdom

Question 1

When should my LPA be registered?

Your LPA can be registered at any time after it has been completed and properly signed. The advantage to having it registered right away is that the LPA can be used by the Attorney whenever it is needed. If a long time passes before your LPA is registered, your circumstances may have changed and your LPA may no longer reflect your needs. If this is the case, you will not be able to modify your signed and completed LPA. You will have to create a new LPA.

Question 2

Who can register my LPA?

Either the donor or the attorney may apply to register the LPA as long as the proper forms have been completed and all people who are to be notified have been notified.

Question 3

Who must be notified of the application to register the LPA?

All named persons identified on pages 11 and 12 of the LPA must be notified. If you are an attorney making the application, you are not required to notify the Donor (although its strongly recommended that you discuss your intention to register with the donor). The Office of the Public Guardian will formally notify the Donor.

Question 4

If I am an attorney acting together with another attorney, can I make an application on my own?

No, all attorneys appointed together must make an application together.

Question 5

If I am an attorney acting together and independently with another attorney, can I make an application on my own?

You may make an application on your own, however it is a good idea to discuss your intention to apply for registration with all other attorneys. If the other attorneys know and approve of the registration, then your registration is less likely to encounter any challenges.

Question 6

What forms should I use to register an LPA?

You require the form LPA001: Notice of intention to apply for registration of an LPA to notify the individuals named in the LPA of your intention to register the LPA. You also require LPA002: Application to Register an LPA which must be sent to the Office of the Public Guardian.

Question 7

If I have an LPA for Personal Welfare and an LPA for Property and Affairs will I require two different applications?

Yes, you will need a separate set of registration forms for each Power of Attorney.

Question 8

Who can object to my LPA being registered?

You, your Attorney and the individuals you have selected to be notified are allowed to object to your LPA being registered.

Question 9

What the prescribed grounds for objecting to the registration of a LPA?

The prescribed grounds for objecting to the registration of a LPA are as follows:

the powers created by the LPA are not valid (e.g. the person objecting does not believe the Donor had capacity to make an LPA);
the power created by LPA no longer exists (e.g. the Donor revoked it at a time when he/she had capacity to do so);
fraud or undue pressure was used to induce the Donor to make the LPA; or the Attorney proposes to behave in a way that would contravene his/her authority or would not be in the Donor's best interests.

Any objection that is raised will need to be supported with factual evidence.

Question 10

How much does it cost to register an LPA?

The fee for registering an LPA is currently set at £150.00 The fee is payable by the person seeking to register the LPA and is recoverable from the Donor's funds. Certain individual may be entitled to exemptions or remissions of fees.