Lasting Powers of Attorney - An Update

Lasting Powers of Attorney (LPA)

The latest government data shows that there were almost 193,000 LPAs registered with the Office of the Public Guardian (OPG) between April and June 2022 – that’s an extra 20% compared to the same quarter in 2021.?So, the good news is that more people are becoming aware of the importance of putting these legal documents in place.

LPAs allow an individual to appoint people they trust to manage their financial affairs or make health and care decisions if they lose capacity to do so in the future.

To be valid, an LPA has to be registered with the OPG, and whilst the increase in numbers shows improved awareness, unfortunately it has meant delays at the OPG with registrations taking, on average, over 20 weeks.

Registration will take considerably longer if the OPG have any queries about the LPA and concerningly, a Freedom of Information request by consumer champion Which in 2020 showed that nearly 22,000 LPA applications are rejected each year.?

Why are LPA applications being rejected?

The most common reason is that individuals include information or requests on their LPAs that are ambiguous, outside of the allowable powers that can be given to attorneys or create a conflict of interest.?In other cases, the strict requirements to create the document are not followed, for example information is missing or the document is not signed in the correct order.

What happens if the LPA is rejected and the person who created it has lost capacity to make a new LPA??That would require a separate application to the Court of Protection for a Deputy to be appointed, adding additional delays, costs and reporting obligations.

Given the delays, it’s best to put an LPA in place long before it’s anticipated that it might be needed, and that includes those of us who are still of working age.?Research carried out by Solicitors for the Elderly in 2020 revealed that 75% of people aged 40+ don’t have an LPA in place.