Guide to Power of Attorney

What Happens If I Do Not Register My Power of Attorney?

A Power of Attorney (POA) is a crucial legal document that allows one or more individuals (attorneys) to make decisions on your behalf if you are unable to do so. However, failing to register a Lasting Power of Attorney (LPA) can have significant legal and practical consequences.

Understanding Registration Requirements

A Lasting Power of Attorney must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration process ensures that the document is legally valid and can be relied upon by financial institutions, healthcare providers, and other relevant parties.

What are the consequences of not registering an LPA?

Your Attorneys cannot act on your behalf - If your LPA is not registered, your chosen attorneys will have no legal authority to make decisions for you. This means they cannot manage your finances, pay bills, or make welfare decisions when needed.

Risk of Losing Mental Capacity Before Registration - If you lose mental capacity before registering your LPA, it will be too late for you to sign or approve the registration. In such cases, your loved ones would need to apply to the Court of Protection for a deputyship order, which is a more time-consuming and costly process.

Delays in Managing Your Affairs - The OPG takes several weeks to process an LPA application. If an urgent decision is required, such as paying for care or handling a property sale, an unregistered LPA will cause significant delays and potential financial difficulties.

Increased Costs and Complexity for Your Family- Without a registered LPA, your family may face additional legal hurdles. Applying for deputyship through the Court of Protection is expensive, requires ongoing supervision by the court, and may not guarantee that your preferred individuals are appointed to make decisions for you.

Potential Disputes and Uncertainty - An unregistered LPA may lead to disputes among family members regarding who should take control of your affairs. This could result in legal challenges, court interventions, and stress for your loved ones.

When Should You Register an LPA?

It is advisable to register an LPA as soon as it is completed and signed by all parties. Although you do not have to use it immediately, having it registered means it is ready for use if and when required.

Remember you must register a Power of Attorney

Failing to register a Lasting Power of Attorney can leave you and your family vulnerable to legal and financial complications. By registering your LPA promptly, you ensure that your chosen attorneys can step in without unnecessary delays or difficulties, giving you peace of mind that your affairs will be managed smoothly when needed.

If you need assistance with setting up or registering a Power of Attorney, consulting Tim Butcher at Hewetts Solicitors can help ensure everything is done correctly and efficiently.

Email  t.butcher@hewetts.co.uk or call 0118 955 9610

Published on 27/02/2025