Registering a Lasting Power of Attorney Waiting Times

Once a Lasting Power of Attorney (LPA) has been prepared and signed by the Donor, it needs to be registered with the Office of the Public Guardian before it is able to be used. 

Once registered, an LPA for Property and Finances can be used straight away, subject to any specific restrictions which the Donor may have included when drawing up the Lasting Power of Attorney. 

The Health and Welfare LPA, even once registered, can only be used when the Donor does not have capacity to make their own decisions. 

The Office of the Public Guardian is currently advising a waiting time of up to 20 weeks for LPAs to be registered, from the time a Lasting Power of Attorney application is submitted to them.

Many clients will choose to make and register their Lasting Power of Attorney at an earlier stage in life however this is not the case for all. 

There is no obligation to register a Lasting Power of Attorney at the time it has been drafted, however the risk in waiting until the authority given by the Lasting Power of Attorney is needed is that the attorneys will then be required to wait for the processing times of the Office of the Public Guardian. 

Whilst there may be reasons to not register an LPA at the time it is drafted, many will see it as beneficial to trigger the 20-week wait sooner rather than later to ensure that the authority given by the Lasting Power of Attorney can be used at the time it is needed. 

The contents of this article do not constitute legal advice and are provided for general information purposes only.