The Mental Capacity Act 2005 sets out the functions of the OPG. One of these is to establish and maintain a register of LPAs. One of the purposes of the register is to allow those with an interest, such as healthcare professionals, to search the register to see whether an LPA has been registered by the OPG for a particular person.

The donor, the people to be told or other attorneys are able to object to the registration of an LPA. Other persons (apart from people to be told and attorneys) can object to registration but they have to pay a court fee.
Objections by a person to be told or an attorney will have to be either:

On factual grounds – the OPG can be asked to stop the registration if:

• the donor is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
• the attorney is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
• the attorney is a trust corporation and is wound up or dissolved (for property and financial affairs LPAs only)
• the donor is dead
• the attorney is dead
• there has been dissolution or annulment of a marriage or civil partnership between the donor and attorney
• (except if the LPA provided that such an event should not affect the instrument)
• the attorney(s) lack the capacity to be an attorney under the LPA or the attorney(s) have disclaimed their appointment.

On prescribed grounds – objections to the Court of Protection against registration of the LPA can only be made on the following grounds:

• that the power is not valid as an LPA for example, the person objecting does not believe the donor had capacity to make an LPA
• that the power no longer exists – for example the donor revoked it at a time when he/she had capacity to do so
• that fraud or undue pressure

The LPA register is a searchable database containing the details of all registered LPAs. It is important to remember that once an LPA is registered, certain pieces of personal information will be available to anyone who applies to search the register.

? The donor, the people to be told or other attorneys are able to object to the registration of an LPA. Other persons (apart from people to be told and attorneys) can object to registration but they have to pay a court fee.
Objections by a person to be told or an attorney will have to be either:

On factual grounds – the OPG can be asked to stop the registration if:

• the donor is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
• the attorney is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
• the attorney is a trust corporation and is wound up or dissolved (for property and financial affairs LPAs only)
• the donor is dead
• the attorney is dead
• there has been dissolution or annulment of a marriage or civil partnership between the donor and attorney
• (except if the LPA provided that such an event should not affect the instrument)
• the attorney(s) lack the capacity to be an attorney under the LPA or the attorney(s) have disclaimed their appointment.

On prescribed grounds – objections to the Court of Protection against registration of the LPA can only be made on the following grounds:

• that the power is not valid as an LPA for example, the person objecting does not believe the donor had capacity to make an LPA
• that the power no longer exists – for example the donor revoked it at a time when he/she had capacity to do so
• that fraud or undue pressure

No you cannot. If the donor has capacity to make a will, they can do so if they wish. If the donor no longer has capacity to make such decisions and you think a will needs to be made or changed, you can apply to the Court of Protection for a ‘statutory will’ to be made for the donor.

The LPA will automatically come to an end. You should send the original LPA and a death certificate to the OPG as soon as possible. We cannot give advice on how to deal with the donor’s estate. You should contact a legal advisor or a District Probate Registry for this advice.

Yes, but only if the donor still has the capacity to do so.

Yes, if you are a replacement attorney you are required to advise the OPG that you are now acting as attorney. You must ensure that the LPA is returned to us to note the change on the LPA and to update the LPA register. Please note: If the LPA does not have a note of the change the replacement attorney will not be able to act.

No. If the donor has capacity to cancel the existing LPA he/she can do so and make a new one appointing a new attorney.

If you are appointed to act jointly and severally and the donor has not appointed a replacement attorney the LPA will continue providing there is at least one remaining attorney acting on behalf of the donor.

? If one attorney can no longer act, the remaining attorney(s) cannot carry on and the LPA will end unless there is a replacement attorney.