One of the most common questions I am asked is whether a Lasting Power of Attorney (LPA) should be registered as soon as it has been signed, or whether it is better to wait until it is actually needed.
While it is possible to delay registration, I recommend registering every LPA as soon as it has been completed – whilst understanding some people are forced to delay by the cost.
The registration fee payable to the Office of the Public Guardian (OPG) is currently £92 per LPA and, like most government fees, it is far more likely to increase than decrease. Delaying registration does not save money—it simply delays the point at which the document can be used to protect you. At present, registration can take up to 16 weeks, which is of little help if a sudden emergency arises.
Understanding When an LPA Can Be Used
There are two types of Lasting Power of Attorney.
A Property and Financial Affairs LPA
(depending on how it is drafted) can be used as soon as it has been registered, provided the donor agrees. Many people find this useful even while they have full mental capacity. An attorney can help deal with banks, utility companies, pensions, investments or paperwork if the donor is away, unwell or simply wants assistance.
A Health and Welfare LPA is different
Although it should still be registered immediately, it can only be used once the donor has lost the mental capacity—either temporarily or permanently—to make those decisions themselves.
In both cases, registration is essential before the document has any legal effect.
Registration Can Take Several Months
The Office of the Public Guardian currently advises that registration can take up to 16 weeks, and occasionally longer if there are queries or delays.
That may not sound important until an emergency arises.
A stroke, serious accident, sudden illness or diagnosis of dementia can leave a family needing immediate access to bank accounts, investments or the ability to make urgent decisions. If the LPA has not already been registered, the family may have no choice but to wait several months before they can act.
During that time, bills may remain unpaid, investments cannot be managed and important financial decisions may be delayed at exactly the moment they matter most.
Registering the document early removes that uncertainty.
What If There’s a Mistake?
This is another reason why I strongly recommend obtaining professional advice.
Although the forms appear straightforward, they are surprisingly easy to complete incorrectly. Even small mistakes can result in delays or rejection by the Office of the Public Guardian.
If an LPA is registered shortly after it has been signed and a problem is identified, there is usually time to correct the error or prepare replacement documents while the donor still has the necessary mental capacity.
However, if registration is delayed for several years and the donor has since lost capacity, it may be impossible to make a replacement LPA.
The family may then have no alternative but to apply to the Court of Protection for a Deputyship Order. Scary stuff!
If Things Go Wrong, the Costs Can Escalate Quickly
Many people do not realise just how expensive the alternative can be.
Deputyship is not simply a more costly version of an LPA—it is an entirely different legal process involving court applications, ongoing supervision by the Office of the Public Guardian, annual reporting requirements and, in many cases, applications back to the Court for permission to take certain actions.
The delays alone can be devastating. It can take many months before a deputy is appointed, during which time families may struggle to access bank accounts, pay care fees, manage investments or deal with property.
The financial consequences can also be significant.
If there is disagreement within the family, or nobody suitable is available to act, the Court may appoint a professional deputy, often a solicitor. Their fees are paid from the vulnerable person’s estate, and they charge for every second of the work they undertake. Those fees can continue year after year for as long as the deputyship remains in place.
Health and Welfare decisions can be even more restrictive.
Unlike a Health and Welfare LPA, where you choose the people you trust to make decisions for you, the Court of Protection may retain control over important welfare decisions, requiring separate applications and hearings before certain matters can be decided.
The total cost of deputyship can run into many thousands of pounds over the years, making the modest cost of preparing and registering LPAs look like one of the best investments you could make.
Why Professional Advice Matters
Many people are tempted by cheap online document services or “DIY” options. Others use businesses that simply complete the forms without giving any legal advice.
An LPA is far more than paperwork.
It gives someone extensive legal authority over your finances or your health and welfare, so it is essential that the document reflects your wishes and is drafted correctly.
Important decisions include:
- Who should act as your attorney?
- Should they act jointly or independently?
- Should replacement attorneys be appointed?
- Should any restrictions or guidance be included?
- How can future family disagreements be avoided?
- Are there tax, business or family circumstances that should be considered?
These decisions cannot easily be changed once an LPA has been registered, and mistakes can have long-lasting consequences.
My role is not simply to complete forms. I provide professional advice, explain the options in plain English, help you avoid common pitfalls and ensure your LPAs are tailored to your personal circumstances.
Sensible Fees Can Save Significant Costs Later
Many people assume professional advice is expensive.
In reality, obtaining expert advice at the outset often costs far less than dealing with problems later.
For a sensible fixed fee, I will guide you through the entire process, prepare the documents correctly, arrange the signing, answer your questions, and, if required, deal with the registration on your behalf at no extra cost. I also act as Certificate Provider in most cases, at no extra cost, as long as it is in or reasonably close to my office.
My aim is simple—to make sure that, if your family ever needs to rely on your Lasting Powers of Attorney, everything is already in place and ready to use.
An LPA is rather like an insurance policy.
You hope it is never needed.
But if the day ever comes when it is, you and your family will be grateful that everything was planned properly, professionally and well in advance.
My name is Steve Pett (CmpnSWW, AffSTEP, DMS) and I care.
Call me on 01323 766766