Registering your Lasting Power of Attorney (LPA) with the Office of the Public Guardian (OPG) is a critical step to ensure that it is legally recognized and can be effectively utilised by trusted individuals designated to make decisions on your behalf.
In this article, we will discuss the importance of LPA registration in the United Kingdom and provide a step by step guide as to how it should be registered.
Reasons to Register an LPA
This registration process is essential for several reasons:
- Legal Recognition: Registering your LPA with the OPG provides official recognition of the document's validity and authenticity. It ensures that the LPA meets the legal requirements and is enforceable in accordance with the law.
- Protection Against Abuse: Registering the LPA helps safeguard against potential abuse or misuse by providing oversight and accountability. The OPG oversees the functioning of LPAs and has the authority to investigate any concerns raised about the actions of attorneys appointed under the LPA.
- Access to Decision-Making Authority: Once registered, the LPA grants the appointed attorneys the legal authority to make decisions on your behalf in accordance with your wishes and best interests. Without registration, the LPA may not be accepted by third parties, such as financial institutions or healthcare providers, when decisions need to be made.
- Ease of Use: Registered LPAs are readily accessible and can be easily verified by relevant parties when required. This streamlines the process of accessing and exercising decision-making powers conferred by the LPA, ensuring that your affairs are managed smoothly and efficiently.
- Future Planning: Registering your LPA with the OPG provides peace of mind for both you and your loved ones by establishing clear guidelines for decision-making in the event of incapacity. It demonstrates your proactive approach to future planning and ensures that your preferences are honoured and respected.
In summary, registering your LPA with the Office of the Public Guardian is essential to validate its legal status, protect against abuse, grant decision-making authority to appointed attorneys, facilitate ease of use, and enable effective future planning.
It is a crucial step in ensuring that your affairs are managed according to your wishes and best interests, even in circumstances where you are unable to make decisions for yourself.
UK'S Top Choice for Creating an LPA
Steps to Register an LPA
Below you can find a step-by-step guide on how to register LPA in the UK.
1. Obtain the Necessary Forms
Complete the LPA forms given on the OPG’s website. These forms include:
- An LP1H (Health and welfare LPA)
- An LP1F (Financial Decisions LPA).
2. Fill Out the Forms
Follow the directions given on the forms to fill out your documents carefully. It is essential to complete all sections accurately, as any errors or missing information can delay the registration process.
3. Sign and Witness the Forms
Both you and your chosen attorney(s) must sign and date the LPA in front of witnesses, who must also sign and date it.
⚠️ Note: The LP1H also needs to be signed by a certificate provider. This is a person who confirms that the donor understands the nature and scope of the LPA and is making the decision to grant power voluntarily and without undue influence. The certificate provider is either someone with relevant professional skills, such as a doctor or lawyer or someone that has known you well for at least two years, such as a friend or colleague.
4. Submit the Forms
Once completed, signed, and witnessed, the forms should be submitted to the OPG, along with the current fee of £82 for each LPA registered.
The OPG address is:
Office of the Public Guardian PO Box 16185
Birmingham B2 2WH
5. Wait for Confirmation
The OPG may take up to 10 weeks for processing and registering your LPA after you have submitted an application.
Once the LPA has been registered by the OPG you will receive confirmation of registration from them. This confirmation typically includes a registration certificate with a unique reference number.
Amending a Registered LPA
It's important to note that certain changes to an LPA may require the submission of a formal application to the OPG for registration.
For significant changes or amendments, it's advisable to consult with legal professionals to ensure compliance with legal requirements and to protect the interests of all parties involved.
How Do You Check if an LPA Has Been Registered?
To check the status of your LPA registration, contact the OPG by telephone or via email.
The reference number of your LPA and the donor name will need to be provided.
Avoid Common Errors when Registering an LPA
The registration process for LPAs is prone to errors.
Some common errors are:
- Incorrect or Incomplete Information on Forms: If you do not provide the requested information in accordance with OPG instructions, there may be a delay in your registration.
- Not Having a Witness Present: Both you and your chosen attorney(s) must sign and date the LPA form in front of a witness, who must also sign it. Don’t forget that the LP1H also needs to be signed by a Certificate Provider.
- Failure to Pay the Fee: Ensure that you include the correct amount of money with your application so as not to make this mistake.
- Use of correct Forms: Ensure you use the latest version of the forms from the OPG’s website.
Most of these errors can be avoided if you do your homework. In other words, before sending any forms, read all instructions given by the OPG thoroughly and double check that you are correct.
Enter Aatos: The Online Solution for LPA’s
Not sure if you’ve grasped all the rules and regulations on LPAs? Don’t worry, that’s what Aatos is made for.
Aatos is an Internet service developed by legal practitioners to simplify the process of completing and registering LPAs (as well as many other important legal documents). Aatos seamlessly guides users through each step of legal processes with clear instructions. So, if you want to complete your LPAs mostly online, we’re here for you.
Aatos also offers free legal support if you become stuck when going through the process, which makes the procedure more accessible to all parties.
Register LPA with Aatos
You must ensure that your LPA is filled out correctly by following the steps above to avoid errors.
As mentioned, to be legally recognised in the United Kingdom, an LPA must then be registered with the OPG.
For the important (but often tricky) registration process Aatos will soon hold your hand. Once you have filled out your LPA’s online via Aatos’ website, we send your LPA to you do you can complete the final steps to register your LPA.
You will need to pay the registration fees, sign the LPAs correctly, and post them to the OPG. To make sure you do this correctly, when we post your LPA to your door, we include an instruction booklet breaking down the whole process. This avoids and errors which can prevent your LPA from being registered, saving you time, money and hassle.
With our free trial, it’s easier than ever to get started with Aatos and discover our LPA and Last Will resources.
Try Aatos today and make your LPA the right way - future you will thank you!