Every adult in England and Wales is recommended to make two Lasting Powers of Attorney (referred to hereinafter as an “LPA”); a Property and Affairs; and a Health and Welfare LPA. But making the document is only part of the whole process. Ideally the LPA should then be registered with the OPG.
There are two risks to not registering an LPA immediately.
The donor (i.e. the person making the LPA) could lose their mental capacity at any time in the future. If the document is unregistered then the attorneys would have to arrange for registration of the document. This will take a minimum of six weeks, but is more likely to be the average of 12 to 15 weeks. In that interim period the attorneys will not be able to make any decisions on behalf of the donor. That is a three months time period when the donor is very vulnerable, and no one can make a decision for him/her.
The donor could lose their mental capacity at any time in the future. And the LPA may contain a serious error or shortcoming that results in the application to register the document being declined by the Office of the Public Guardian. As the donor has lost their capacity they cannot be asked to make a new document. The outcome therefore is that the attorneys will have to apply to become a ‘deputy’. This is both costly, time-consuming, and subject to delays.
Fees, Exemptions, and Remissions
The Office of the Public Guardian charge a fee for every LPA registration application. In 2014 the fee is £110 per LPA.
If the donor’s income is less than £12,000, and evidence of that fact can be demonstrated to the OPG, then the fee is reduced by 50% to £55 per LPA.
In certain cases the donor may qualify for a 100% fee exemption. Evidence will be required to support this, but where appropriate no fee is payable.
Why should you use Convenient Wills to help Register your LPA?
We have significant experience of making and registering Lasting Powers of Attorney. We will:
check the original LPA for any errors and omissions - this can save a £65 resubmission fee charged by the OPG when errors are found that can be corrected;
create the necessary documentation for registration;