New power of attorney guide
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An EPA is a much simpler document than an LPA and so it is unlikely (but not impossible) to contain errors that prevent it from being registered.
The big problem if an error stops an EPA being registered, then it is to late to correct the error. LPAs should be registered while you still have mental capacity so an error does not have such big consequences.0 -
p00hsticks wrote: »From what I've heard the new-style LPAs are a completely different kettle of fish - lot's of scope for errors in completing the forms but the fact that you have to register them straight way means that thedonor is in a position to correct them if necessary. It just proves costly as I believe you don't get your fee refunded if you apply for registration and it's rejected due to errors.
You don't have to register the EPA until the Donor chooses to do so. The problem with not doing so is that if there are any errors and they're only presented for registration when they're needed, they could be rejected and the Donor may no longer have capacity. That's a very tricky situation. I have known a solicitor attend an ICU ward to get one completed in an emergency, and that Donor was very lucky that there was the opportunity and a willing solicitor. Expensive, though.
If you complete them online you get an annual reminder that it will be deleted if you don't log in to it, but it doesn't have to be registered. It's the Donor who decides to register it, which means the Donor needs to have the capacity to do so, which is why so many people choose to do so straight away.
It's checked during Registration which can take six - eight weeks, and errors show up at the first stage of that process. I managed to spell my own surname incorrectly! As the incorrect spelling is also a recognised surname, the Office of the Public Guardian simply couldn't accept it. (I was told had my mis-spelling not been an existing surname they would have let it through.) As I did four, mine and OH's, self taught from the OPG's site and this one at roughly the same time, one being rejected wasn't the financial burden paying someone else to do all four would have been.
I registered them immediately and I now have the reassurance that my awful, awful brothers won't have any say in my care should anyone have to make any decisions on my behalf. That was why I needed mine - technically my brothers are my next of kin. Had I not done so, that particular one would have been invalid.Better is good enough.0 -
I'm intrigued to know what happens if somebody else tries to register a Power of Attorney for somebody who may be on the point of losing mental capacity if one has already been registered and possibly the donor can,t remember whether one has already gone through the complete process.
Do the Office of Public Guardian check the names of those already registered against their existing records? Presumably registering a new one would invalidate a precious one but does the donor have to formally notify the OPG?0 -
I'm intrigued to know what happens if somebody else tries to register a Power of Attorney for somebody who may be on the point of losing mental capacity if one has already been registered and possibly the donor can,t remember whether one has already gone through the complete process.
Do the Office of Public Guardian check the names of those already registered against their existing records? Presumably registering a new one would invalidate a precious one but does the donor have to formally notify the OPG?
Only the donor or an attorney can apply to register an LPA and the OPG then notify the non-applicants, who are given an opportunity to object to the registration. A new LPA does not invalidate one that has previously been registered, the donor needs to send in a deed of revocation to cancel the old LPA.
The application process is more complicated for an EPA but basically, only an attorney can apply to register an EPA and they can only apply when they believe that the donor is becoming or has become mentally incapable of handling his or her own affairs.0 -
I'm intrigued to know what happens if somebody else tries to register a Power of Attorney for somebody who may be on the point of losing mental capacity if one has already been registered and possibly the donor can,t remember whether one has already gone through the complete process.
Do the Office of Public Guardian check the names of those already registered against their existing records? Presumably registering a new one would invalidate a precious one but does the donor have to formally notify the OPG?
If they can't remember, then surely they don't have capacity.
It's not that they need to have capacity at the time of Registration; it's that they had capacity at the time it was drawn up.
And isn't the function of the Certificate Provider to provide confirmation that the Donor has capacity?Better is good enough.0 -
My mother's EPA was drawn up over 20 years ago and lodged with her solicitors. About two months ago I enquired about invoking it, but was told it was in storage. They never called back. Now, after a series of phone calls they have eventually admitted it is lost.
Thank goodness we started this while she still has capacity and is only unwilling rather than unable to manage her affairs. The solicitors are suggesting now that she sets up two powers, a General Power of Attorney to allow us to manage her affairs immediately, and an LPA. They have offered to do this free.
My questions
- will anyone be disadvantaged by the change from EPA to LPA?
- I haven't heard of the GPA - I'm about to google, but has anyone any experience?
-they have referred it to their own complaints process. Should it be raised anywhere else?0 -
I've never heard of a General power of attorney until I Googled it I thought . Either you had the old style Enduring Power of Attorney or the newer version ie Lasting Power of Attorney of which there can be two separate ones ie. one to cover Financial affairs and a separate one for Health and Wellbeing.
A General Power of Attorney Seems to be a more general granting of powers when you want somebody to act on your behalf managing your affairs while you still have mental capacity such as in cases where you have to be out of the country for an extended period, are in hospital etc. It appears to be of no use if somebody has lost mental capacity though.
It sounds as if your mother's solicitors are not on the ball as losing clients' valuable documents is a sign of incompetence.
You can of course complete LPA forms yourself using online forms on the Office of Public Guardian website. You don,t have to it in one go. You set up a password to access the site and start filling in the forms. The website saves your information so that it,s still there to add to next time if you want time to think about things or change your mind.0 -
My questions
- will anyone be disadvantaged by the change from EPA to LPA?
- I haven't heard of the GPA - I'm about to google, but has anyone any experience?
-they have referred it to their own complaints process. Should it be raised anywhere else?
- It's unlikely as there is very little difference in how the two operate.
- Unlike an EPA or a GPA, an LPA can't be used until it has been registered by the OPG. A GPA is therefore useful to have in the meantime.
- You can complain to the SRA if the matter is more serious (the SRA cannot deal with issues about a solicitor providing a poor service)0 -
You can of course complete LPA forms yourself using online forms on the Office of Public Guardian website. You don,t have to it in one go. You set up a password to access the site and start filling in the forms. The website saves your information so that it,s still there to add to next time if you want time to think about things or change your mind.
But if your solicitor is offering to do the work for free then it's a no brainer, much better to be covered by the solicitor's professional indemnity insurance in case anything goes wrong.0
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