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Changes to LPA registration and bonds for deputies

21 March 2013

From 1 April, the Office of the Public Guardian (OPG) intends to make changes to the lasting power of attorney (LPA) registration process. The changes will affect the time it takes OPG to register an LPA and the forms that are used. It is also introducing new rules to make it easier for court-appointed deputies to change their security bond provider.

These changes remain subject to parliamentary process.

Changes to the LPA statutory waiting period

From 1 April:

  • the statutory waiting period will be four weeks instead of six weeks
  • the related objection period will be three weeks instead of five weeks

Subject to parliamentary process, the OPG also plans to change some of the LPA forms to reflect the new timings. The new versions will be available in print and from its website from 1 April.

Anyone making an LPA will need to use the updated versions of the following forms from that date:

  • • LPA001: Notice of intention to apply for registration of a Lasting Power of Attorney (the notification form)
    • LPA117: Lasting power of attorney – property and financial affairs (the instrument)
    • LPA114: Lasting power of attorney for health and welfare (the instrument)
    • LPA007: Objection to the Office of the Public Guardian of a proposed registration of a Lasting Power of Attorney on factual grounds
    • LPA008: Notice to the Office of the Public Guardian of an application to object to registration of a lasting power of attorney made to the Court of Protection

In addition, these forms used by OPG will also be changing:

  • LPA003A: Notice to an attorney of receipt of an application to register a Lasting Power of Attorney
  • LPA003B: Notice to a donor of receipt of an application to register a Lasting Power of Attorney

What the changes mean for you

The OPG has announced the changes so that you can:

  • be sure that you're using the new versions of the forms from 1 April, and that old versions are discarded
  • check that any form-filling software you use has been updated in line with the changes to the above LPA forms
  • let your clients know about the changes and what they mean for them

Deputies and bonds

The OPG is also bringing in new rules to make it easier for court-appointed deputies to change their security bond provider. Until now, a deputy had to apply to the Court of Protection to discharge an existing security bond. That's changing: from 1 April, a deputy no longer needs to apply to the court to ask for discharge. They just need to let OPG know about the change, which OPG then needs to approve. The old bond will then be discharged automatically after 2 years. This change will offer more choice, flexibility and value to deputies and the people they represent.

Transitional arrangements

The OPG is aware that there may be issues of timing just before and after 1 April, due to these changes. It is putting transitional arrangements in place, in accordance with the provisions of the statutory instrument under which these changes are made.

More details

See the OPG website

If you have a particular question or concern, get in touch with the OPG contact centre on 0300 456 0300.

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