We will not usually accept an application to register without the original LPA form. However, we can register a ‘certified copy’. You can certify copies yourself as soon as you have made the LPA, in case the original gets lost before registration. If you have not done this, a qualified provider can certify a copy (for a fee) if he prepared the LPA and has a copy on file. You will also need to send a written statement explaining how the original was lost. If only an uncertified photocopy is available, it cannot be registered without an order of the court.
The Donor can ask for certified copies of the registered LPA if they still have capacity. This can be done by copying the registered document and writing the following text at the bottom of each page of the document:
Information on how to make an application to the Court is available from HM Courts & Tribunals Service website under the Court of Protection heading or you can call the court enquiry line on 0300 456 4600.
The fee is normally paid from the donor’s assets, however, if you cannot afford it you can ask us to waive payment. See the OPG’s guidance on fees, exemptions and remissions for more information.
? Yes, a separate application to register fee must be paid for each separate LPA registered.
Once you have served the last notice you will need to send us the original LPA form, the completed registration form LPA002 and the appropriate fee.
No, we will not need medical evidence. But, as with all applications to register, we will notify the donor upon receipt to give them an opportunity to object to the registration.
You must notify the people to be told listed in the LPA using form LPA001. Once you have decided to make an application to register, this should be the first thing you do.
You can include a restriction stating how the attorney must demonstrate this – e.g. ‘my attorney(s) must not use my LPA until they have obtained medical evidence stating that I have lost mental capacity’ however this may cause problems in practice.
The type of information made available from the register will depend on the type of search that someone applies for. There are two types of search: a first tier and a second tier search, with each providing different levels of information to the applicant.
The first tier search provides limited data about the donor and the LPA. Anyone who has made a first tier search can undertake a second tier search. The applicant must explain in detail to the OPG why they require the information and show that the request is in the donor’s best interests. This second tier search relates to further information about the donor only. There is not a defined list of the information disclosed in a second tier search because it will be different in every case, depending on what is required and what is in the donor’s best interests. Guidance for people who want to make a lasting power of attorney for property and financial affairs Need help? 0300 456 0300 gov.uk/power-of-attorney