You do not need to have both types of LPA. If you do choose to put both in place, you can name different attorneys for each form.
Registration of Powers of Attorney
Existing Enduring Powers of Attorney (EPA) must be registered when the donor has lost or is losing, their mental capacity to deal with their own affairs. Applications must be made on prescribed forms and notices must be served on at least three people, those people being defined by a statutory list of family members.
Lasting Powers of Attorney must be registered before use, regardless of whether the donor has lost capacity. Unlike Enduring Powers of Attorney, the donor or the attorneys can seek to have a Lasting Powers of Attorney registered. Again, applications must be made on prescribed forms and notices must be served but with Lasting Powers of Attorney, those notices are served on people chosen by the donor (who are specified in the Lasting Powers of Attorney form itself).
Anyone on whom notice of the application to register a Power of Attorney is served (including the donor) has the right to object to the registration on one or more of a number of specified grounds. If, however, there are no objections the Office of the Public Guardian generally register the Power of Attorney within six to eight weeks (although it can take longer).
How our Lasting Powers of Attorney (LPA) solicitors can help you:
- Meet with you to discuss your individual circumstances
- Advise on the different types of lasting power of attorney
- Make sure you are comfortable with the attorneys you appoint and what powers they will have
- Administer the registration process
- Assist attorneys with their duties
- Act as an attorney where requested
Fill in our online LPA Questionnaire and contact one of our specialist Lasting Powers of Attorney solicitors to make an appointment.
Lasting Powers of Attorney (LPA) FAQs