November 22, 2021

Most people who decide to arrange a Lasting Power of Attorney document are usually a little older. They’re planning for their future, and ensuring that if they become unable to make their own decisions about their finances or care treatment, the person they trust the most is looking after their interests. LPA documents need to be registered, which can take up to four or even five months. This is why most LPAs are registered straight away.

Normally, that four to five-month delay isn’t a problem, and if you’re older but in good health, you have the time to wait for the document to go through the registration process. Conditions such as dementia (often the reason that a person initiates an LPA document in the first place) take a while to start affecting your ability to make your own decisions.

However, a Lasting Power of Attorney document isn’t just for those in their golden years. They’re just as applicable for younger people too, and more and more people in their twenties and thirties are creating LPAs in case they suffer a serious accident and are no longer in a position to make their own decisions. But should you register your LPA straight away, or is there an argument for delaying the process?

Why registering an LPA may not be a good idea if you’re younger

As it takes several months to get an LPA registered, the temptation may be to send in the paperwork as soon as it’s completed. However, if you’re younger that may not be such a good idea. There’s a strong possibility that you won’t need to activate an LPA for many years, by which time you may have lost contact with your chosen attorneys. If an LPA has been registered and an individual wanted to change or update the designated attorneys then you would need to go to a solicitor to have a Deed of Revocation drafted for the existing LPA (which effectively makes it null and void) and start the process all over again.

What is the alternative?

Drawing up an LPA is a smart thing to do. We never know what’s around the next corner, and even young people can become incapacitated by illness or an accident. An LPA is something that everyone should have in their paperwork, alongside a will.

Once the LPA has been signed by everyone, it can be kept in a safe place (either at home or with your solicitor), and then activated when needed. However, it’s not essential to register it straight away. Leaving the LPA unregistered up until the point the attorney needs to step in means you can change it if you lose contact with your original attorney, or circumstances change.

If, though, you do lose your capacity to make your own decisions (or through illness fear that you might very soon) then the unregistered LPA can be sent off straight away, avoiding any delays in processing. Your solicitor can help you make the right decision when the time comes.

An example of how it works

A 35-year-old professional creates an LPA Property and Financial Affairs and Health and Welfare that appoints a member of their family and their partner as joint attorneys. Rather than registering the LPA, the individual leaves it with their solicitor to be registered if needed. If that individual then has an accident that means they can no longer make their own decisions then the designated attorneys could then apply to have the LPAs registered straight away. While this may take several weeks, it does mean that the process is already technically ‘half completed’ and all that’s needed to activate the LPA is completing the registration.

The current registration fee for an LPA is £82 per document. This could increase or decrease in the future. The alternative is that the Court of Protection appoints a professional deputy, which takes much longer and is far more costly.

When getting registered is a better solution

If a person is older, has adult children, and their choice of attorneys is very unlikely to change, the best advice is to get the LPAs registered to avoid additional increases in fees and to ensure that the documents are all in order before they’re initiated.

If you’re thinking about an LPA but aren’t sure whether to register it or not, talk to a wills, trust and probate specialist today for confidential, practical advice.

< < back to latest news

Archive

  • Good Divorce Week 2021
  • White Ribbon Day
  • The benefits of an unregistered LPA
  • Life after the stamp duty holiday
  • What will the property market look like in 2022?
  • Why you need an LPA in your 20s
  • Christmas contact arrangements for the children, how to resolve this early.
  • Why planning for the future is essential
  • Are DIY divorces on the rise?
  • Employline – Your online HR department
  • Settlement agreements – what to do when you receive one
  • Can I challenge a will?
  • Divorce in the forces
  • ABI – When to claim
  • Domestic violence awareness month
  • Land and professional deputies – how to make life a bit easier
  • Terry Jones Solicitors has a new home in Telford
  • Walk, run or swim 5.5km for 50 days – Charity event
  • Are the Government’s care home fee proposals too good to be true?
  • Divorcing after the summer holidays
  • Home insurance legal protection – what is it, and do you really need it?
  • Contentious probate – what are the rules?
  • NO FAULT DIVORCE – A BREAKTHROUGH IN FAMILY LAW
  • Will your Family Trust do what you expect it to do?
  • Do parents have different rights in the workplace?
  • Managing long covid in the workplace
  • What is a clean break order?
  • Can future employers look at your social media profiles?
  • Cohabitation agreements: the common law marriage myth
  • Domestic violence – what is coercive control and how can we help?
  • The stay on possession proceedings has been extended with an important change
  • Telling children about separation and divorce
  • Making decisions about divorce when children are involved
  • I want a divorce – what do I need to do?
  • When do you need a solicitor for divorce?
  • Good Divorce Week 2020
  • Premarital agreements: what’s changed in the last decade?
  • Covid-19 and the value of the family home upon divorce
  • Coronavirus and childcare: facilitating contact in the ‘rule of six’ era
  • Jackie Finds New Family at Terry Jones Solicitors
  • Significant surge in divorces
  • Understanding restrictive covenants and furlough leave
  • Redundancy rockets in the UK
  • Furlough scheme enters its next phase in September 2020
  • Coronavirus eviction ban to be extended by four weeks
  • How do self-isolation rules affect Statutory Sick Pay?
  • Potential criminal charges for Shrewsbury and Telford Hospital Trust
  • Gas Safety Certificates and Section 21 notices – a new ruling
  • Action Mesothelioma Day 2020: the dangers of asbestos in the workplace
  • Flexible furlough: how does it work?
  • No-fault divorces: ending the ‘blame game’
  • Ban on tenant evictions extended to August 2020
  • Redundancy and furlough leave
  • Collaborative Law and Covid-19
  • Can you recoup ‘no win, no fee’ legal costs in Inheritance Act Claims?
  • Changes in Employment – what are your rights?
  • What is a protective award claim?
  • Your family law lockdown questions answered
  • Continuing to help make Wills
  • Companies House strike off policy and late filing penalties (Covid-19 changes)
  • Domestic Violence during the Covid-19 Pandemic
  • Employment law support for your dental practice
  • What is a Settlement Agreement?
  • Be wary of ‘DIY’ probate
  • Closing the gap on forgotten employees
  • How effective is your Force Majeure clause?
  • “I don’t need a Lasting Power of Attorney as my family will look after me”
  • Landlord and Tenant court hearings
  • Companies House extension for filing annual accounts
  • Updates for landlords, April 2020 – COVID-19
  • Employment law pitfalls in a pandemic
  • COVID-19 Your holiday entitlement
  • Making redundancies due to coronavirus
  • Family Court Guidance during COVID-19
  • Coronavirus Job Retention Scheme: What is furlough leave
  • Still here for you
  • Property & Finance Attorney under Lasting Power of Attorney
  • CORONAVIRUS (COVID-19) UPDATE
  • 2020 has brought about exciting changes for our residential team
  • Freedom for All – Domestic Violence, Divorce and Pets
  • Season’s Greetings
  • It’s nearly that time of year again, Christmas is getting closer
  • Elf Day for the Alzheimer’s Society Charity
  • Who gets custody of the pet?
  • Are you concerned about your relationship?
  • An Ageing Population
  • Divorce is just as much an emotional process as a legal one
  • Braving the Zip Line for Charity
  • First Class Law Graduates
  • Shrewsbury Flower Show – A resounding success
  • To Pre-Nup or not to Pre-Nup?
  • Another successful show at Newport
  • PPI Claim Deadline is 29th August 2019
  • Ellen addresses audience at Ludlow Property Conference
  • New Trainee Solicitors
  • Need advice? Email us enquiries@terry-jones.co.uk