Register it straight away!
A lasting power of attorney is not valid until it has been registered with the Office of the Public Guardian (the government agency tasked with protecting people in England and Wales who may not have the mental capacity to make certain decisions for themselves). It is my recommendation that once the paperwork has been completed, that we register your lasting power of attorney straight away.
The Cost of Registration
To register each lasting power of attorney, the Office of the Public Guardian charge £110. If you make two LPAs, that’s £220 and if you are a couple, there’ll be a total of £440 in registration fees.
This is a considerable sum, but compare it to the cost of appointing a deputy through the Court of Protection if you need to make decisions for someone who has lost mental capacity and who hasn’t made an lasting power of attorney. Before you’ve potentially paid a solicitor to represent you – the application fee is £400 for each type of deputyship, plus £100 assessment fee if you are a new deputy, plus £500 if the court decides you need a hearing. If your deputy is managing more than £21,000, there will also be a £320 a year supervision fee.
The cost to register one LPA with the Office of the Public Guardian
How long does registration take?
Once the forms have been sent for registration, the Office of the Public Guardian will acknowledge that the forms have been entered on to their system (this usually takes about four weeks) and then they must wait a further four weeks to confirm the registration (in case anyone objects) . In total, the registration process for a lasting power of attorney is around 8-10 weeks, but this can vary depending on how busy the OPG are.
Additionally, I deal with any correspondence from the Office of the Public Guardian and take full responsibility for the successful registration of your lasting powers of attorney. Should the documents be rejected as a result of an administrative or drafting issue, then I will rectify the errors and pay the fees associated in resubmitting the documents.