09 Oct What Does the OPG do When They Register a Lasting Power of Attorney?
The Office of the Public Guardian (OPG) supervise and oversee the registration of all Lasting Powers of Attorney (LPAs). They ensure LPAs are valid and protect the interests of the individuals involved.
When you have completed your LPA, to enable the document to be used it needs to be registered. The registration fee charged by the OPG is currently £82.00 per LPA, but what does this cover and what happens when an LPA goes for registration? This is a brief overview of the main steps:
1. The documents are reviewed. The OPG carefully examines the documents to ensure they comply with the necessary legal requirements and the forms are fully and correctly filled out. This includes verifying the forms are completed in the prescribed format and that all necessary sections are properly filled in.
2. The appropriate mental capacity safeguards are checked. The OPG must ensure the correct Certificate has been completed and they may seek evidence from a Certificate Provider that the person making the Power (the donor) understands the nature and scope of the LPA and has not been subject to any undue influence or pressure.
3. The necessary notification arrangements are undertaken. If the donor has decided they wish someone to be notified about them making the Power, the OPG will deal with the notification of any such interested parties. The OPG also notifies the donor and attorneys. These notifications give an opportunity for any concerns or objections to be raised if necessary.
4. Checks are made to safeguard against fraud and abuse. This includes checking for any suspicious or irregular activities related to the LPA and investigating any concerns raised during the registration process.
5. An entry is made into the LPA Register. The OPG maintains a register of LPAs that have been registered. This register can be accessed by individuals with a legitimate interest in the LPA, such as financial institutions and healthcare providers.
6. A Registration Certificate is issued. Once the OPG is satisfied that all requirements have been met, and any necessary waiting times have elapsed, they will issue a Registration Certificate. This Certificate confirms the LPA has been registered and is now legally valid and can be used when required.
Research earlier this year by Quilter revealed that nearly 130,000 LPA applications have been rejected over the last five years due to mistakes either in the Powers themselves or the registration process.
The OPG will only register an LPA if they are completely satisfied. This is important as it protects donors, but it can be frustrating to have an application rejected because the LPAs themselves have not been properly completed or due to administrative errors in the registration process, rather than there being something fundamentally wrong with the LPA.
Our team of private client professionals at Rollasons all have extensive experience of all things LPA and are here to help you create your Power and complete the registration with no fuss. Talk to us today about how we can help.