Lasting Powers of Attorney - delays

The Office of the Public Guardian (OPG) is the government organisation responsible for processing and registering Lasting Powers of Attorney (LPAs). LPAs were introduced in 2007 and replaced the more straightforward Enduring Powers of Attorney (EPA).

The purpose of the LPA is to enable a person (the 'donor') to appoint an attorney to deal with their affairs in the event that the donor loses mental capacity. The form to appoint someone to be an attorney is much longer than its predecessor. Another major change is that the LPA has to be registered with the OPG before it can be used by the attorney. This has led to a significant increase in the applications for registration being submitted to the OPG.

The OPG issued a press release recently indicating that registrations are up by 30% on the same period last year. It is taking an average of 14 weeks for the OPG to process LPA registrations. This can lead to distress and delay for families who need to manage a family member's affairs. The need is even more pressing if the donor's home has to be sold to meet care home fees.

It is important to ensure that a person appoints their attorney before they need it and whilst they still have mental capacity. If this is not done the only alternative is to appoint a Deputy via the Court of Protection which is an even more expensive and long winded process.

If you would like to discuss making an LPA or a family member needs to have a Deputy appointed contact us.

For more information on LPAs go to overview