You can choose who the registered Power of Attorney is returned to, and either store it for safe-keeping yourself or pass it on to your attorney. Without the stamp of the OPG, an LPA is not valid and can't be used. Once the OPG is satisfied, it will send back a stamped copy of the Power of Attorney, showing that it has been accepted and registered. Currently, it's taking up to 20 weeks due to delays at the OPG. It can take between eight and 10 weeks to register a Lasting Power of Attorney. If not, you'll need to fill in sections 12 to 15 of the paper forms, and send them to the Office of the Public Guardian. If you've used the government's online service to create your LPA, you'll still have to print out the forms and sign them when you are finished. Once the Power of Attorney forms have been signed, you need to return them to the OPG with payment. They have three weeks to raise any concerns with the OPG.īut you don't need to name anyone in this section if you choose not to (and your relatives don't have a right to be informed unless you name them). If you've identified anyone here, make sure you send them a notification form (LP3). In the Power of Attorney forms, you'll be asked to identify 'people who need to be told' - meaning people who should know that you are planning to register a Power of Attorney. Notify 'people to be told' with LP3 forms You, your attorneys and your witnesses will all need to sign the forms before they're submitted. The forms must be signed by a 'certificate provider' (often your doctor) who attests to your understanding (capacity), and by each of the attorneys you have chosen. Get signatures from certificate providers If you lost mental capacity, your attorney would have to choose another person to act as a 'trustee' before the property could be sold. Take care if you only appoint one attorney and they own property with you. It's possible to impose various restrictions and conditions on your attorneys, although these may be rejected if they are unworkable. This is a great advantage when attorneys live some distance apart.īanks and building societies normally ask for one of the joint attorneys to be identified as the 'lead', but unless they can act severally, their scope for manoeuvre is severely limited In the Power of Attorney forms, you'll be asked to give details of the attorneys you wish to appoint and the capacity in which you want them to act (jointly or 'jointly and severally').īeing able to act severally means each attorney can use the Power of Attorney independently. Here, we explain how to set up and register a Power of Attorney. You'll also need to send out form LP3 people to anyone identified as a 'person to be told'. LP1H - to register a LPA for health and care decisions.LP1F - to register a LPA for financial decisions.To register a Power of Attorney, you'll need to submit the following forms to the Office of the Public Guardian. If you'd like to set up a Power of Attorney, for yourself, or someone else, Which? can help - find out which option is best for you.
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