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Lasting Power of Attorney delays and potential solutions

Partner James Cook and Associate Cameron Crees offer their advice on how to deal with LPAs delays.

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Published 11 May 2023

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Due to increased demand during the pandemic, the Office of the Public Guardian (OPG) is experiencing a significant backlog in processing Lasting Powers of Attorney (LPAs) applications. The current estimated processing time is around 20 weeks, far exceeding the target of 40 days.

To minimize delays, it is crucial to ensure that LPAs are completed accurately, including the correct order and signatures of all parties involved. Mistakes in signing can lead to further delays if amendments are required, which may be time-consuming.

Immediate registration of LPAs following execution is recommended. This allows attorneys to act promptly in matters related to Property and Financial Affairs and in cases where the donor loses capacity in Health and Welfare. Storing LPAs with a solicitor, to be given to attorneys when assistance is needed, ensures they are used only with the donor’s consent.

Practical steps to address potential delays include appointing a family member as a joint account holder or signatory for the donor’s bank accounts to manage financial affairs temporarily. Consulting a financial advisor can help explore options like a care annuity to provide for the donor’s needs after capacity loss.

In response to the delays, a private members bill has been introduced to modernize the LPA registration process. The bill, currently in the House of Lords’ second reading, aims to reduce delays by introducing online LPA applications.

For more information, please visit our Lasting Power of Attorney FAQs page.

This article was first published by eprivateclient on 10 May 2023.

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Shorter Reads

Lasting Power of Attorney delays and potential solutions

Partner James Cook and Associate Cameron Crees offer their advice on how to deal with LPAs delays.

Published 11 May 2023

Associated sectors / services

Authors

Due to increased demand during the pandemic, the Office of the Public Guardian (OPG) is experiencing a significant backlog in processing Lasting Powers of Attorney (LPAs) applications. The current estimated processing time is around 20 weeks, far exceeding the target of 40 days.

To minimize delays, it is crucial to ensure that LPAs are completed accurately, including the correct order and signatures of all parties involved. Mistakes in signing can lead to further delays if amendments are required, which may be time-consuming.

Immediate registration of LPAs following execution is recommended. This allows attorneys to act promptly in matters related to Property and Financial Affairs and in cases where the donor loses capacity in Health and Welfare. Storing LPAs with a solicitor, to be given to attorneys when assistance is needed, ensures they are used only with the donor’s consent.

Practical steps to address potential delays include appointing a family member as a joint account holder or signatory for the donor’s bank accounts to manage financial affairs temporarily. Consulting a financial advisor can help explore options like a care annuity to provide for the donor’s needs after capacity loss.

In response to the delays, a private members bill has been introduced to modernize the LPA registration process. The bill, currently in the House of Lords’ second reading, aims to reduce delays by introducing online LPA applications.

For more information, please visit our Lasting Power of Attorney FAQs page.

This article was first published by eprivateclient on 10 May 2023.

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