What Happens After Making A Lasting Power Of Attorney? A Step-By-Step Guide

Making a lasting power of attorney (LPA) is an important step in planning for the future, but many people are unsure what happens once the paperwork has been completed. Does it need to be registered? When can your attorney start acting on your behalf? Where should the documents be kept?

Understanding what comes next can help you avoid unnecessary delays and ensure your wishes can be carried out if the time ever comes. This guide explains each stage of the process, from signing the documents through to registration and using your LPA when needed.

Once Your Lasting Power Of Attorney Is Signed, What Happens Next?

After everyone involved has signed the lasting power of attorney, the document is not automatically ready to use. Before it becomes legally effective, it usually needs to be registered with the Office of the Public Guardian (OPG).

The registration process allows the OPG to check that the application has been completed correctly and that there are no valid objections. Once registered, the LPA can be relied upon when decisions need to be made.

If the LPA is not registered, your attorney will generally be unable to act on your behalf, even if all the paperwork has been signed correctly.

Step 1: Make Sure The Forms Have Been Completed Correctly

Before submitting the application for registration, it's important to ensure every section has been completed accurately.

Common issues that can delay registration include:

• Missing signatures

• Incorrect dates

• Incomplete sections

• Errors in witness details

• Information that does not match throughout the document

  
  

Small mistakes can result in the application being rejected or returned for correction, which can delay matters significantly.

Step 2: Register The Lasting Power Of Attorney

Registration is carried out through the Office of the Public Guardian.

Once the application has been submitted, the OPG checks the documentation before officially registering the LPA.

Registration can take several weeks, so many people choose to register their LPA shortly after it has been signed, even if they do not expect it to be needed for many years.

This helps avoid delays if urgent decisions need to be made in the future.

For more information about the registration process, visit the Office of the Public Guardian.

Step 3: Keep The Registered Document Safe

After registration, you'll receive confirmation that the lasting power of attorney has been registered.

The original document should be stored somewhere secure but accessible. Your attorney should also know where it is kept and how to obtain it if needed.

Some organisations may request either the original registered document or a certified copy before accepting instructions from your attorney.

Step 4: Understand When Your Attorney Can Act

Exactly when an attorney can make decisions depends on the type of lasting power of attorney you've created.

A Property and Financial Affairs LPA can usually be used as soon as it has been registered, provided you have permitted for this within the document.

A Health and Welfare LPA can generally only be used once you no longer have the mental capacity to make those decisions yourself.

Many people choose to allow their attorney to assist with financial matters while they still have capacity, particularly if they become less mobile or spend time abroad.

Step 5: Tell The People Who May Need To Know

Once your LPA has been registered, it can be helpful to let relevant organisations know that it exists.

Depending on your circumstances, this may include:

• Banks and building societies

• Pension providers

• Investment companies

• Utility providers

• Care providers

• Healthcare professionals

Some organisations may record the details in advance, making the process much smoother if your attorney ever needs to act.

Can You Change Or Cancel A Lasting Power Of Attorney?

Yes, provided you still have mental capacity.

You may decide to:

• appoint a different attorney

• update your instructions

• revoke the LPA completely

• create a new LPA that better reflects your wishes

If your circumstances change, such as marriage, divorce or the death of an attorney, it's sensible to review your arrangements to ensure they still meet your needs.

Common Mistakes To Avoid

Creating an LPA is only part of the process. Common mistakes after making one include:

• Waiting until it's urgently needed before registering it

• Forgetting where the original document is stored

• Failing to tell attorneys about their appointment

• Not reviewing the LPA after major life changes

• Assuming one LPA covers both financial and health decisions

Taking a little time to plan ahead can help avoid unnecessary complications later.

When Should You Seek Legal Advice?

Many people are able to complete an LPA without difficulty, but professional legal advice can be particularly valuable where:

• your family circumstances are complex

• you own significant assets

• you wish to include specific instructions

• there is potential for disagreements between family members

• you're unsure who should act as your attorney

Obtaining advice before the document is signed can help ensure it reflects your wishes and reduces the risk of future issues.

If you'd like to learn more about our private client services, including lasting powers of attorney, wills and estate planning, visit our Services.

Frequently Asked Questions

How long does it take to register a lasting power of attorney?

Registration times vary depending on demand at the Office of the Public Guardian. It is generally recommended to register the document well before it is likely to be needed.

Can An Attorney Act Before Registration?

In most cases, no. A lasting power of attorney usually needs to be registered before an attorney can use it.

Do I Need Both Types Of Lasting Power Of Attorney?

Many people choose to create both a Property and Financial Affairs LPA and a Health and Welfare LPA so that decisions can be made across both areas if necessary.

Where Should I Keep My Registered LPA?

Store the original in a secure location and ensure your attorney knows where it is kept. Certified copies may also be useful for dealing with banks and other organisations.

Can I Cancel My Lasting Power Of Attorney?

Yes, provided you still have the mental capacity to make that decision. You may revoke an existing LPA and create a new one if your circumstances change.

H2: Planning Ahead Can Give You Peace Of Mind

Making a lasting power of attorney is an important step towards protecting your future, but understanding what happens afterwards is just as important. Registering the document promptly, keeping it safely stored and ensuring your attorneys understand their responsibilities can make the process much easier if the LPA is ever needed.

If you're considering creating a lasting power of attorney or would like guidance on the process, Maya & Co Solicitors can provide clear, practical legal advice. 

Learn more about our private client services by visiting our Services page.