POWERS OF ATTORNEY (POA) / LASTING POWERS OF ATTORNEY (LPA):
The key difference between Power of Attorney (POA) and Lasting Power of Attorney (LPA) is that a POA is only valid while the individual has mental capacity, whereas an LPA remains valid even if the individual loses mental capacity.
Setup Process
Power of Attorney (POA) – Easier and quicker to set up, often requiring just the signatures of the donor and attorney without formal registration.
Lasting Power of Attorney (LPA) – Requires registration with the Office of the Public Guardian before it can be used, which adds a layer of security and oversight.
In summary, while both POA and LPA allow someone to make decisions on behalf of another, the LPA provides a more comprehensive and long-term solution for managing affairs when an individual can no longer do so themselves. It is essential to consider your needs and circumstances when deciding which type of authority to establish.
Was the POA/LPA Registered?
Check to see if your POA/LPA was ever registered. Many clients have found their documents were properly prepared but not registered with the relevant Office of The Public Guardian (OPG). Your POA/LPA cannot be used until it is officially registered.
How to Check for Registration
- Scottish POA: Look for the OPG crest watermark and a unique reference number on each page.
- England/Wales LPA: Look for a “Validated by OPG” perforated stamp through the bottom of each page, and a box on the first page filled in with the registration date and unique reference number.
Contact details for the OPG in Scotland:
Email: OPG@scotcourts.gov.uk
Telephone: 01324 678300
For Deaf people: Via ‘Contact Scotland’: https://contactscotland-bsl.org
For those in England and Wales:
Email: customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone for Deaf people: 0115 934 2778
The link will take you to the OPG website for further guidance on registration:
https://www.lastingpowerofattorney.service.gov.uk/home#/guide/topic-how-to-register-the-lpa
For those in Northern Ireland
Email: OCP@courtsni.gov.uk
Telephone: 0300 200 7812
Website: https://www.nidirect.gov.uk/articles/managing-your-affairs-and-enduring-power-attorney
General Link about Powers of Attorney at the Gov.uk website:
https://www.gov.uk/power-of-attorney