Dawn Joughin on delays in registering Powers of Attorney

DELAYS in the registration of Lasting Powers of Attorney (LPA) by the Office of the Public Guardian are causing high levels of stress to many elderly and vulnerable members of society, and their families.

LPAs replaced Enduring Powers of Attorney (EPA) on October 1 last year. EPAs made before that date remain valid and capable of registration.

The new, longer, Lasting Power of Attorney forms enable people to appoint attorneys to deal with their personal welfare in addition to their property and affairs, should they so wish.

While EPAs were capable of being used from the day they were made, LPAs have to be registered with the Office of the Public Guardian (OPG) before they are valid and may be used.

There is a statutory notice period of five weeks before the OPG can register the forms.

The OPG claims an average turn around for registration of 12 weeks, but I have had several complete and approved applications taking, in several cases, up to five months to be registered. On two occasions, my clients have passed away before registration was complete. To add insult to injury, in one case the application fee of £150 was retained by the OPG on the basis that they had scanned the forms, although they had not been registered.

It is important that, in order to improve this situation, both the general public and members of the legal profession keep up pressure on the OPG to improve the turnaround time for registration.

DAWN JOUGHIN, Head of Wills Trust and Probate at Goodmans solicitors

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