Key Facts
- Lasting Powers of Attorney forms must be registered with the Office of the Public Guardian.
- The most convenient way to track a Lasting Power of Attorney application is through the Use LPA service online.
- Whilst a Lasting Power of Attorney is being registered, the document cannot legally be used.
- One of the most common reasons for delays is errors or omissions on the Lasting Power of Attorney forms.
- If an application appears to be taking longer than the standard 8 to 10 weeks, the first step is to check the application status through the Use LPA service or by contacting the OPG directly.
If you have applied for a Lasting Power of Attorney, you may be wondering how long the LPA registration timeline and process takes. The Office of the Public Guardian (OPG), typically takes between 8 and 10 weeks to complete the registration process, though timescales can vary depending on individual circumstances. Understanding the timeline and the key stages of registration helps manage expectations and plan accordingly during this waiting period. This guide breaks down exactly what happens at each stage, how to track an application, and what can be done if delays occur.
What Is The Stages of LPA Registration?
Lasting Powers of Attorney forms must be registered with the Office of the Public Guardian. This isn’t a short process, and the OPG website provides their up to date timescales on how long it takes them to register LPA’s on their website.
Stage 1: Receipt and Initial Processing
When a Lasting Power of Attorney application is submitted to the Office of the Public Guardian, the first stage begins with receipt and initial processing. The OPG will acknowledge receipt of the application, usually within a few days. Staff members then begin the process of checking that all required documents are included and that the application appears complete on the surface.
During this stage, staff check that the correct forms have been submitted, that payments have been received, and that the basic information is legible. If anything is obviously missing at this point, the OPG may make contact to request additional documentation. This stage typically takes between 1 and 2 weeks.
Stage 2: Detailed Checking and Verification
Once initial processing is complete, the OPG moves into detailed checking. This is the most thorough stage of the registration process. Staff members examine the document in detail, checking that it complies with all legal requirements. They verify that the donor has signed and dated the form correctly, that witnesses have done the same, and that all the prescribed information is present.
The team also checks that the donor appears to have had the mental capacity to make the Lasting Power of Attorney and that there are no obvious signs of undue influence or fraud. This stage can take several weeks as it requires careful attention to detail and sometimes further enquiries. This is typically the longest stage of the registration process.
Stage 3: The Objection Period
After the OPG completes its detailed checks, there is an objection period during which specified parties can raise concerns about the Lasting Power of Attorney. The prescribed relatives of the donor and the attorneys themselves can lodge objections during this time. If no objections are received within this period, the registration can proceed to completion.
If an objection is raised, the OPG must investigate the matter further before making a final decision. This can add significant time to the overall registration process. Some objections are resolved quickly, whilst others may require further enquiries or assessments.
Stage 4: Final Registration
Once the objection period has passed without any valid objections being raised, the Office of the Public Guardian proceeds to final registration. At this point, the document is officially registered and a registered Lasting Power of Attorney is issued. The original document is returned, along with any certified copies requested. This final stage is relatively quick and typically takes only a few days.
How to Track an LPA Application
Using the Use LPA Service
The most convenient way to track a Lasting Power of Attorney application is through the Use LPA service online. The Use LPA service is a digital platform provided by the Office of the Public Guardian that allows applicants to view the status of an application in real time. Access details are provided when the application is submitted. Logging into the account on the Use LPA service shows which stage the application has reached.
The Use LPA service provides regular updates as an application progresses through each stage. Status can be checked at any time without having to contact the OPG. This is usually the quickest and most up to date way to monitor progress.
Contacting the Office of the Public Guardian
If access to the Use LPA service is not available, the Office of the Public Guardian can be contacted by telephone or in writing. The OPG provides a dedicated helpline for enquiries about application status. When making contact, have the application reference number ready. This helps the team locate the application quickly and provide accurate information.
The OPG typically responds to telephone enquiries within a few minutes, though during busy periods there may be a wait. Written enquiries may take longer to be processed, so telephone is usually the faster option for urgent information.
What Happens During the Waiting Period
Whilst a Lasting Power of Attorney is being registered, the document cannot legally be used. During the waiting period, the attorneys do not yet have authority to act on behalf of the donor. If the donor becomes incapacitated during this time and needs someone to manage their affairs, alternative legal arrangements may be needed. This is why many people choose to make a Lasting Power of Attorney well in advance of when they might realistically need it.
However, preparations can begin during this period. Attorneys can be introduced to the donor’s financial and healthcare records so they are prepared once the registration is complete. Discussions about the donor’s wishes can also take place. This preparation helps ensure a smoother transition once the Lasting Power of Attorney is registered and the attorneys can begin acting.
Not sure where to start with your LPA?
Download our free Lasting Power of Attorney checklist to see exactly what’s involved — or book a free consultation and we’ll walk you through it.
What Is Common Causes of Delays?
Errors or Omissions on the Forms
The most common reasons for delays is errors or omissions on the Lasting Power of Attorney forms. If the forms are not completed correctly, the Office of the Public Guardian will need to make contact to request corrections. Common mistakes include missing signatures, incorrect dates, or unclear handwriting. Even small errors can hold up the process as the OPG cannot register a document that does not meet legal requirements.
To avoid this delay, it is important to check forms carefully before submission. Read through every section, ensure all dates are filled in, and make certain that all required signatures are in place. Consider having someone else review the forms as a second pair of eyes can often spot errors that the original preparer may have missed.
Missing or Invalid Signatures
Signatures are critical to the validity of a Lasting Power of Attorney. The donor, witnesses, and attorneys all need to sign the document in the correct places. If any signatures are missing or appear invalid, the OPG will need to request a corrected version. Invalid signatures might include signatures that do not match the donor’s usual signature or signatures made by someone acting on behalf of another person.
Ensure that the donor signs with their usual signature and that witnesses sign as instructed. The guide on how to fill in LPA forms provides detailed instructions on the signing process.
Objections Raised During Registration
If a prescribed relative or attorney raises an objection during the objection period, the OPG must investigate the matter before proceeding with registration. This can add weeks or even months to the process depending on the nature and complexity of the objection. Common grounds for objection include concerns about the donor’s capacity, allegations of undue influence, or concerns about a specific attorney.
Objections are usually investigated thoroughly, and the OPG may request statements from various parties. If an objection is upheld, the application may be refused. However, many objections are resolved once clarification is provided or if the concerns are found to be unfounded.
How to Avoid Delays
The best way to avoid delays is to use a company like Elwyn & Mabel to take you through the process. We specialise in estate planning and know what mistakes and common errors to look out for within the paperwork. This provides an extra layer of reassurance that you have filled in the documentation correctly and that there will be no errors that will cause delays. If you want to get started today with Elwyn & Mabel you can book a call straight into the diary.
Complete Forms Accurately and Thoroughly
The best way to avoid delays is to complete all forms accurately and thoroughly from the outset. Take time to read the instructions carefully and fill in every required field. Double check all dates, names, and addresses to ensure they are correct. Print clearly or type if possible to ensure legibility. Have someone else review the forms before submission to catch any errors.
Ensure All Signatures Are Valid
Ensure that the donor, witnesses, and attorneys all sign the document correctly and in the right places. The donor must sign with their usual signature. Witnesses must sign as instructed and must be independent and impartial. Attorneys must also sign to confirm they understand their role and responsibilities. All signatures must be made by the individual themselves.
Submit All Required Documents Together
Submit all required documents with the application in one go. Do not submit forms in stages or send additional documents separately unless the OPG has specifically requested them. Submitting everything together helps ensure the application can progress smoothly without requiring further requests from the OPG.
What to Do If Registration Takes Longer Than Expected
Check Application Status
If an application appears to be taking longer than the standard 8 to 10 weeks, the first step is to check the application status through the Use LPA service or by contacting the OPG directly. There may be a specific reason for the delay. The OPG may have sent correspondence requesting further information that has not been received.
Respond Promptly to OPG Requests
If the Office of the Public Guardian has requested additional information or documentation, respond as quickly as possible. Delays in providing requested information can hold up the entire process. Keep copies of everything submitted and note the date of submission. If there is uncertainty about whether a request has been received, follow up with the OPG after a reasonable period.
Contact the OPG for Clarification
If the wait has been significantly longer than expected and the reason for the delay is unclear, contact the Office of the Public Guardian to ask for clarification. Explain the situation and ask what specific steps are outstanding. The OPG can then explain what is holding up the application and what can be done to move it forward.
What Is Expedited Registration for Urgent Cases?
In cases where the donor is seriously ill or dying, the Office of the Public Guardian can consider expedited registration. This accelerated process allows the Lasting Power of Attorney to be registered much more quickly than the standard timeline. Expedited registration is not automatic and must be specifically requested and justified.
To request expedited registration, evidence of the urgent circumstances will need to be provided, such as a medical letter from the donor’s doctor. The OPG will consider the request and decide whether the circumstances warrant an accelerated process. If approved, registration can sometimes be completed within days or a few weeks rather than months.
Contact the Office of the Public Guardian as soon as possible if expedited registration appears necessary. The earlier this request is made, the more time the OPG has to arrange the accelerated process.
What Is the Bigger Picture?
The Lasting Power of Attorney registration process is designed to ensure that these important legal documents are valid, authentic, and free from abuse. The checks carried out by the Office of the Public Guardian protect both the donor and the attorneys. Whilst the 8 to 10 week timeline can feel lengthy, it reflects the thoroughness of the process.
Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.
Frequently Asked Questions
Do I need a solicitor to make a Lasting Power of Attorney?
No, you can create an LPA yourself using the GOV.UK online service or paper forms. However, a solicitor or professional estate planner can help ensure the document is completed correctly and tailored to your circumstances, reducing the risk of rejection by the Office of the Public Guardian.
How long does it take to register an LPA?
Registration typically takes between 8 and 12 weeks from the date the Office of the Public Guardian receives your application. During busy periods it can take longer. Your LPA has no legal effect until it is registered.
Can I make an LPA if I have been diagnosed with dementia?
You can make an LPA as long as you still have the mental capacity to understand what it is, what powers it gives, and who you are appointing. A diagnosis of dementia does not automatically mean you lack capacity. A certificate provider must confirm your capacity when you sign the document.
What happens if I lose mental capacity without an LPA?
If you lose capacity without an LPA in place, your family would need to apply to the Court of Protection for a deputyship order. This is significantly more expensive, takes longer, and gives the court ongoing oversight of decisions made on your behalf.
TL;DR: How Long Does It Take to Register Lasting Power of Attorney?
Registration of a Lasting Power of Attorney typically takes 8 to 10 weeks from submission to completion at the Office of the Public Guardian.
- Current OPG processing times average 8 to 10 weeks, though some applications are processed faster.
- The registration process includes receipt, checking, an objection period, and final registration stages.
- Application status can be tracked using the Use LPA service or by contacting the OPG directly.
- Common causes of delays include incomplete forms, missing signatures, and objections raised during the process.
- Expedited registration is available in urgent cases where the donor is seriously ill or dying.
More From Elwyn & Mabel
Estate planning involves many moving parts, and understanding timelines is just one piece of the picture. Download the free Elwyn & Mabel guide to Lasting Powers of Attorney for detailed information, practical checklists, and step by step instructions for creating a document that protects what matters most.
For personalised guidance from an experienced estate planner, book a free consultation with Elwyn & Mabel today. A member of the team can answer questions, review current plans, and help with the next steps.
