Registering a lasting power of attorney with the Office of the Public Guardian is what makes the document legally effective. Until registration has been completed, the authority granted to your attorneys cannot be used.
Banks, healthcare providers and other organisations will only recognise a lasting power of attorney once it has been formally registered. Registration ensures the arrangements you have put in place can be relied upon when needed.
A lasting power of attorney can be registered as soon as it has been signed correctly. Many people choose to register immediately so there is no delay if capacity is later lost and decisions need to be made quickly.
Although it is possible to wait, early registration often provides greater certainty and ensures the document is ready if circumstances change.
Registering a lasting power of attorney involves several steps. These typically include:
Registration usually takes several weeks from submission. If errors or inconsistencies are identified, the process can take longer.
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The Office of the Public Guardian charges a registration fee for each lasting power of attorney submitted.
Currently, the fee is £92 per LPA. In some circumstances, the fee may be reduced or waived. This may apply where the person making the LPA receives certain means-tested benefits or has a low income.
The registration fee is separate from any legal fees for preparing or registering the document. Our fees vary depending on the complexity of the arrangements, although for straightforward situations we offer fixed fee LPAs.
Although the registration process is straightforward in principle, errors in the documents can lead to delays or rejection by the Office of the Public Guardian.
Registration may be delayed where:
If the Office of the Public Guardian rejects an application, the documents may need to be corrected, re-signed and submitted again. This can significantly extend the timeframe and may require the registration fee to be paid again.
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Registering a lasting power of attorney is only one part of the overall process. The document must also be structured correctly, signed in the proper order and prepared in a way that works well in practice if it is ever needed.
Our private client solicitors advise individuals and families across London and the South East on the full LPA process, from initial planning through to registration with the Office of the Public Guardian.
Clients trust us to ensure:
As a Lexcel-accredited law firm, we focus on careful preparation and clear advice so that your lasting powers of attorney are legally effective and practical when they are needed most.
Planning ahead should feel clear, not overwhelming. Whether you are putting arrangements in place for yourself or supporting a family member, our private client team will guide you through the process with careful and practical advice.
Can a lasting power of attorney be used before registration?
No. A lasting power of attorney has no legal effect until it has been registered. Financial institutions and healthcare providers will not recognise the authority granted until registration is confirmed.
Can registration proceed if the donor has lost capacity?
Yes, provided the lasting power of attorney was properly executed while the donor had mental capacity. Registration can still proceed after capacity has been lost. The Office of the Public Guardian will review the application to ensure the document was validly signed and completed. If no valid LPA exists, an application to the Court of Protection for deputyship may be required.
What does it cost to register a lasting power of attorney?
There is a registration fee payable to the Office of the Public Guardian for each LPA submitted. If you have both a health and welfare LPA and a property and financial affairs LPA, a separate fee applies to each. In some circumstances, a reduction or exemption may be available based on income or means-tested benefits. If an application is rejected and must be resubmitted, additional fees may apply.
What happens if the registration application is rejected?
If a registration application is rejected, the issues identified must be corrected before it can be resubmitted. In some cases, signing formalities may need to be repeated. This can result in further delay and, depending on the circumstances, additional fees may be payable to the Office of the Public Guardian. Proper preparation at the outset reduces the likelihood of rejection and helps avoid unnecessary cost and disruption.
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Please note we cannot offer legal aid.
