A Lasting Power of Attorney, or LPA, is an extremely useful power. However, donors may not always make the right decisions when drawing up the document and appointing attorneys.
To guard against this, there is an optional provision known as “people to be notified”. This is available whether you make an LPA online or offline, directly or through a service like //powerofattorneyonline.co.uk. The donor names up to five people – who are not attorneys – to review aspects of an LPA before it is registered with the Office of the Public Guardian, or OPG.
Duties
The nominees receive an LP3 form before registration, which gives details of the donor, date of signature and identities of the attorneys. Their main duty is to check for anomalies, errors and any issues that cause concern. If they find none, no action is needed. The measure is designed to prevent undue influence from attorneys, since they are unlikely to raise concerns themselves. Before July 2015, this provision was mandatory but is now optional.
Objections
Objections must be made within three weeks. Factual objections are dealt with by form LPA007, covering bankruptcy, death, incapacity and dissolved donor-attorney marriages. If the OPG upholds the objection, registration is paused to allow appeals to the Court of Protection. Invalidity, donor cancellation, fraud and instances of attorneys exceeding their authority are dealt with using forms COP7 and LPA008, which can result in revocation of the LPA.
Donors should brief their nominees in advance. By doing so they give themselves an extra layer of legal protection.
+ There are no comments
Add yours