Powers of Attorney
Registration of Powers of Attorney
There are 2 types of Lasting Powers of Attorney (LPA) namely Property and Affairs and Personal Welfare. These documents have been in force since 1st October 2007 and are governed by the Mental Capacity Act 2005.
An attorney has no authority to act on behalf of the donor ( the person making the document) until such time as the LPA is registered with the Office of the Public Guardian.
The registration can take place at the time the LPA is made to avoid future delays. An advantage of registering immediately is that your attorney(s) can act for you as soon as you need them to. Legal fees are usually less if the registration is carried out at the same time as the LPA is made. Once registered both the donor and the attorney(s) are able to act in connection with the donor's affairs.
Some clients have an Enduring Power of Attorney (EPA). This was the document that was used pre 1st October 2007. Whilst we have been unable to prepare new EPAs since this date any existing documents (that satisfy the legal requirements in place at the time) remain valid.
An attorney under an EPA has a duty to register the document once the donor is becoming or has become mentally incapable of managing his own financial affairs. Once registered the donor is unable to deal with his own affairs and all matters must be dealt with by the attorneys.
For more information on the registration of Powers of Attorney contact our Older or Vulnerable Client Services team.
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The Legal 500 2011 : Private Client - Personal Tax, Trusts and Probate
"Now that our aunt's affairs are successfully concluded, we would like to this opportunity to thank both you and Sam for all your advice and hard word over the past few months.
We know that it is your job but it is reassuring to know that we have had her affairs dealt with both thoroughly and correctly. ...."
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