Do I have to register my Lasting Powers of Attorney?
In order to be valid, your Lasting Power of Attorney will need to be registered. The public body responsible for registering Lasting Powers of Attorney is the Ofifice of the Public Guardian.
You can find out more about the gov.uk guidance in relation to the Office of the Public Guardian, here.
You can make a Lasting Power of Attorney without registering it immediately. However, if there are any issues with the documents (i.e. you have made a mistake when you drafted them, or you have not signed them correctly), this could mean that the documents cannot be registered until the issues have been corrected. If the Donor has already lost capacity when the application is being made to register the documents, this could cause problems, such as being unable to proceed with the registration.
How long does registration take?
Once the documents have all been correctly signed, they can be submitted for registration to the Office of the Public Guardian.
The Office of the Public Guardian will start the registration process, which normally takes in the region of 8 to 10 weeks. This includes a 4 week legally mandated waiting period, in which the Office of the Public Guardian has to wait to register the documents to give people time to object or raise any concerns to the registration.
Can I use my Lasting Power of Attorney before its registered?
No. A Lasting Power of Attorney cannot be used before it has been registered with the Office of the Public Guardian.