How Long Does it Take to Get a Lasting Power of Attorney?
Once you have submitted the necessary forms to the Office of the Public Guardian, registration for a Lasting Power of Attorney typically takes between eight and ten weeks, as long as there were no mistakes made in the application.
How long it takes to fill out the application forms and obtain the necessary signatures is ultimately down to you. However, our Wills and Trusts Solicitors can guide you through this process and help you at each step of the way.
For initial legal advice get in touch with our Wills and Trusts Solicitors.
What is a Lasting Power of Attorney?
When you need to appoint someone you trust to make decisions on your behalf, a Lasting Power of Attorney (LPA) is a legal document which you will need to acquire and then register with the Office of the Public Guardian (HM Government).
Why Do I Need a Lasting Power of Attorney?
You might fall ill, suffer an accident, or lack the mental capacity to make these decisions by yourself. It's comforting to know you’ll have somebody there to make these decisions for you. To make your LPA you’ll have to be over 18 and still have the mental capacity to do so.
About Lasting Powers of Attorney
In England or Wales, there are two types of Lasting Powers of Attorney and it’s always best to make both of them at the same time. These Lasting Powers of Attorney are for:
- Decisions regarding your health and welfare
- Decisions regarding your property and financial affairs
Lasting Powers of Attorney are complex legal documents and so you may wish to use our Wills and Trusts Solicitors if you’re unsure about the legal implications or the process of putting LPAs in place. It can be especially beneficial to use a specialist Solicitor if there are complex family issues or assets such as an overseas property involved.
When you’re making a Lasting Power of Attorney you’ll need to decide who your ‘Attorney’ is, this is one or more people who you trust to look out for your best interests.
Our Wills and Trusts Solicitors can help you choose your Attorney/s, act as your Attorney if you don’t have anyone you can trust to act in your best interests, then help you to fill in the necessary forms and register each LPA with the Office of Public Guardian (OPG).
How Long Does Registration Take?
Registration usually takes around eight to ten weeks and the OPG usually finalise the document quickly. Full steps to registering your LPAs can be found on Gov.uk. If you make a mistake on the application form, OPG may let you correct it and apply again within 3 months for £41.
One of the benefits of using our Wills and Trusts Solicitors is that we can ensure that no mistakes are made on the application forms in order to get your LPAs registered as quickly as possible. Another benefit is that a Solicitor will represent you fairly and effectively.
When the registration process has been completed, there is a three week period where someone may object to the document if they believe the donor (person making the LPA) was under any pressure or lacked the mental capacity to complete the forms at the time. These issues are dealt with by our Court of Protection Solicitors.
It’s important to note that the person making the Power of Attorney can also object, and therefore the process stops completely.
When is the Power of Attorney Activated?
Each Power of Attorney is activated as soon as it's registered, so the Attorney will be able to make decisions on behalf of the donor straight away unless otherwise specified in the application.
If the donor chooses, the Property & Affairs LPA can be used by the attorneys as soon as it is registered, and also when the donor does not have mental capacity. The Health & Welfare LPA can only be used by an attorney when the donor lacks mental capacity.
Ultimately, the decision regarding whether or not to prepare Lasting Powers of Attorney is down to you alone. If you know you can trust someone completely to take on the role of Attorney, a Lasting Power of Attorney can give you invaluable peace of mind, as you know that if you lose mental capacity, decisions can and will be made in your best interests.
How Much Does Registering an LPA Cost?
At the time of publishing, it costs £82 to register each LPA with the OPG unless you get a reduction or exemption (see below), so to register both types of LPA will cost £164.
If you earn less than £12,000 or you receive benefits such as Income Support you can apply for a reduction in LPA registration costs.
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