Legal Services FAQs

What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?

Since 1st October 2007 only a lasting Power of attorney can be created.

I have an Enduring Power of Attorney, can this still be registered?

Yes an Enduring Power of Attorney can still be registered with the Office of the Public Guardian.

Can a Lasting Power of Attorney be used straight away?

A lasting Power of attorney can only be used once it is registered, but once it is registered, and provided you specify it can be used even if you have capacity, it can be used straight away, with your knowledge and understanding.

Who is the certificate provider?

The certificate provider is either a professional such as a solicitor or a doctor, Or a personal friend who has known you for a long time, but is not connected with your family, who is able to say if you understand the nature of a lasting power of attorney, and that you are making a Lasting Power of attorney of your own free will.

Why do I have to notify someone when the lasting Power of Attorney is registered?

This is a safeguard for you. If you have had only one certificate provider, then you have to nominate at least one person to be notified in the event the Lasting Power of attorney is to be registered. That person will be told that an application is being made to register your lasting power of attorney, and they will have an opportunity to contact the Office of The Public Guardian if they think there is something wrong about the application, or that you are being coerced.

What happens if I want to change my Lasting Power of Attorney?

As long as you have capacity, you can make a new Lasting Power of Attorney changing who is an attorney or your instructions.

What happens if I change my mind and don’t want to have a lasting power of attorney even if my lasting Power of Attorney has been registered?

Provided you have mental capacity, you can cancel your lasting Power of attorney at any time.

What happens if I lose mental capacity before I have prepared an LPA?

A person not necessarily the person you would want can apply to the Court of Protection to be appointed as your Deputy to look after your affairs.