Lasting Powers of Attorney: the worrying trend of delaying registration

In recent months it has become apparent that some practitioners are advising clients to hold off registering their Lasting Powers of Attorney (LPAs) until a later date, when they have become a necessity. Whilst this helps save the current court registration fees, there are a multitude of issues in doing this.

Lasting Powers of Attorneys were introduced back in 2007 to replace the old system of Enduring Powers of Attorney (EPAs), which categorically could not be registered until the donor had suffered a capacity loss. The registration process would then take a number of months, in which time nothing could be done to assist the donor in their financial affairs. The new LPAs are able to be registered immediately, and whilst the delays in registration still need to be observed, the new system means that the lengthy delay does not take place at a particularly crucial time for the donor and their family.

The Office of the Public Guardian intentionally implements delays in the registration process to allow anyone – the donor included – to come forward and cancel the documents before they can be used. This aims to prevent fraudulent applications being put in place by unscrupulous individuals who just want access to someone else’s finances. Due to the nature and extent of influence an appointed attorney has over the donor’s affairs, it is necessary for the Office of the Public Guardian to have incredibly strict processes in place to stop the system being abused. Not only must they observe the delays in registration but, should absolutely any error have been made when completing the document, it is likely to be rejected pre-registration. This creates a much bigger problem where the registration has been delayed until the donor no longer has capacity. Without capacity, a further document cannot be completed, which means the only option left available would be the much more costly and onerous Court of Protection Deputyship Orders, which take 12-18 months to be completed and implemented.

In addition to the issues in delaying registration, it would seem some practitioners are then charging double their initial fees to register the LPAs on your behalf. At Chadwick Lawrence, our fees are completely transparent: the quote you get covers the full administration and registration of your documents, meaning once we have concluded our work you walk away with fully valid and useable documents. On top of that, we won’t charge extra to store your original documents, should you require us to hold them until they’re needed.

That’s why we’re Yorkshire’s Legal People.

For more information or advice on Lasting Powers of Attorney, contact us today.