A Lasting Power of Attorney (LPA) can only be used if all parts of it have been correctly completed, signed and witnessed and the LPA has been registered with the Office of the Public Guardian.

When can an LPA be registered?

An LPA can be registered at any time after it is made, although it is important to note that if you apply to register it a long time before you need to use it, you will need to look at it again from time to time to make sure that its contents are still relevant to the donor’s circumstances.

Please note: - Changes cannot be made to any part of a signed and certified LPA. 

If circumstances have changed and the donor wishes to make changes to the LPA such as to the types of restrictions or conditions they have included or they wish to appoint a new attorney, they should seek guidance from the OPG and consider making a new LPA.

If contact details for named persons or attorneys have changed details of these changes should be recorded on a separate sheet and kept with the LPA.

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Who can register the LPA?

The Donor can register their own LPA providing they are able to make these sorts of decisions for themselves. Alternatively, as Attorney you can register the LPA (depending on how you are appointed) if you believe that the Donor is no longer able to make these decisions themselves.

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Registering the LPA

When the LPA is being registered, you, or whoever is submitting the forms (known as the applicant), must complete form PDF LPA001 (Notice of intention to apply for registration of a Lasting Power of Attorney PDF 0.16MB) to notify the people the Donor has said they want to be informed (the named persons) of the registration.

This means if any of the named persons have concerns about the registration of the LPA – for example they feel that the Donor was put under pressure to make it  – they can object to the LPA being registered.

The applicant, must also complete form PDF LPA002 (Application to register a Lasting Power of Attorney PDF 0.27MB) and send it in to the OPG with the original LPA form (the instrument) or a certified copy, and the appropriate fee.

Please note: - if more than one LPA is being registered then seperate LPA001 and LPA002 forms should be completed for each individual LPA.

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What happens next?

The OPG will check the LPA and the application form. If there are any problems, we will contact you.

If there are no problems, we will set a registration due date and let you know when it is. This date will be 6 weeks from the date that the OPG gives notice of the application to register to either the Donor or the Attorney(s), depending on who has made the application (for example, if the Donor applies to register the OPG will give notice of the application to the attorneys).

This is because everyone who is entitled to notice is also entitled to object to the application for registration.

Please note: -  that if there are any objections, it may not be possible to register the LPA after 6 weeks until these have been resolved.

Unless there are any objections or problems with the application, the registered copy of the LPA will be sent to you within five working days of the end of the 6 week waiting period.

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The Register

The Public Guardian is responsible for establishing and maintaining a register of LPAs. In signing the LPA form and registering it, you and the Donor are agreeing to limited personal information being released under certain circumstances; for example a doctor may want to find out whether the Donor has made a Health and Welfare LPA and who the Attorney(s) are.

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