There are two types of Lasting Power of Attorney (LPA) namely Property and Financial Affairs and Health and 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 PA 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 donors affairs.
Some clients have an Enduring Power of Attorney (EPA). This was the document that was used prior 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 all matters must be dealt with by the attorneys.