Key Facts
- A notified person is an adult who must be informed when a Lasting Power of Attorney is registered with the Office of the Public Guardian (OPG).
- The primary purpose of naming a notified person is to provide an additional safeguard against misuse or abuse of the Lasting Power of Attorney.
- Not everyone can be named as a notified person.
- After the LPA is registered with the OPG, the office sends a formal letter to each notified person.
- A donor is not obliged to name a notified person on a Lasting Power of Attorney.
When setting up a Lasting Power of Attorney, the form includes a section for naming people who should be told when the document is registered. These individuals are known as notified persons, or sometimes “persons to be told”. Many people creating an LPA are unclear about what this role involves, whether they need to include anyone, and how it fits within the broader safeguards that protect the person making the LPA (known as the donor). This article explains everything needed to make an informed decision about whether to name a notified person on a Lasting Power of Attorney.
What Is a Notified Person in an LPA?
A notified person is an adult who must be informed when a Lasting Power of Attorney is registered with the Office of the Public Guardian (OPG). The term “notified” refers to the obligation to tell this person that the LPA has been registered. Once registered, the OPG sends a formal letter to each notified person, informing them of the registration and explaining their role and rights. The notified person then becomes aware that an attorney has been appointed with powers to make decisions on behalf of the donor.
The key difference between a notified person and an attorney is straightforward: an attorney can make decisions on behalf of the donor, whereas a notified person simply receives information about the registration. A notified person has no authority to act on the donor’s behalf, but they do have certain rights that make their role important as an additional safeguard.
Why Include a Notified Person on a Lasting Power of Attorney?
The primary purpose of naming a notified person is to provide an additional safeguard against misuse or abuse of the Lasting Power of Attorney. By naming someone who is independent and trustworthy, the donor creates a layer of oversight. This person is then informed whenever the LPA is registered, which gives them an opportunity to monitor whether the attorney is acting appropriately.
Notified persons serve as a form of protection, particularly in cases where family relationships might be strained or where the donor wants an independent check on the attorney’s conduct. The person named can raise concerns with the OPG if they believe the attorney is misusing their powers or not acting in the donor’s best interests.
What Rights Does a Notified Person Have?
When notified persons receive their letter from the OPG, they are given specific information about their rights and responsibilities. Most importantly, they have a defined period to raise objections to the registration of the Lasting Power of Attorney. If they have concerns that the LPA was created under duress, or that the donor did not have mental capacity when creating it, they can object to the OPG.
This objection mechanism is a valuable safeguard. If a notified person objects, the OPG investigates the matter before allowing the LPA to be registered. This prevents unsuitable Lasting Powers of Attorney from becoming legally valid.
Who Can Be a Notified Person?
Not everyone can be named as a notified person. The main requirement is that the person must be an adult, typically aged 18 or over. However, there are important restrictions that determine who cannot be a notified person.
A notified person cannot be anyone who is already serving as an attorney or replacement attorney on the same Lasting Power of Attorney. This rule ensures that the notified person is independent and can provide genuine oversight. The restriction is essential to the safeguarding function of the role.
Otherwise, the notified person can be anyone the donor chooses: a family member, a friend, a colleague, or someone else the donor trusts. There is no requirement that the person be related by blood or marriage. The donor should select someone who is trustworthy, interested in their welfare, and likely to notice if something goes wrong.
How Many Notified Persons Can Be Named?
The LPA form allows donors to name up to five notified persons. This means a donor could potentially name five different people to be informed when the Lasting Power of Attorney is registered. However, there is no obligation to name that many. A donor can name one, two, three, or any number up to five.
Many donors name just one or two notified persons, selecting individuals they trust most and who are likely to remain in contact with them. Naming multiple notified persons can provide additional layers of safeguarding but also means more people to inform and more potential for disagreement.
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What Happens When a Notified Person Is Told?
After the LPA is registered with the OPG, the office sends a formal letter to each notified person. This letter includes important information: details of the registration, the names of the donor and attorneys, details of the attorney’s powers, and information about the notified person’s rights.
The letter also explains that the notified person has a window of opportunity to raise concerns. If they believe something is wrong with the Lasting Power of Attorney, they can contact the OPG and raise an objection. The OPG will then investigate.
The Objection Period
The objection period is a critical part of the safeguarding process. A notified person who receives notification of the registration does not have unlimited time to raise concerns. There is a specific timeframe within which objections must be made. If a notified person suspects that the LPA was created under duress, that the donor lacked capacity, or that something else was wrong, they must raise this concern with the OPG within the timeframe specified in their notification letter.
If an objection is raised within this period, the OPG will investigate before the registration becomes final. This investigation might include contacting the donor, the attorneys, and other witnesses. Only after the investigation is complete will the OPG decide whether to proceed with registration or to refuse it.
What Happens If No Notified Person Is Named?
A donor is not obliged to name a notified person on a Lasting Power of Attorney. However, if no notified persons are named, there is a requirement to have two certificate providers instead of one. This requirement exists to ensure that adequate safeguards are in place regardless of whether a notified person is named.
A certificate provider is a person who certifies that the donor has mental capacity and understands the Lasting Power of Attorney. Having two certificate providers, rather than one, provides additional assurance that the LPA was created properly and was not made under duress or undue influence.
Understanding Certificate Providers
Certificate providers are a distinct role from notified persons. They are typically professionals such as doctors or other qualified individuals who can verify the donor’s capacity and understanding. Unlike notified persons, certificate providers are involved before the LPA is registered, not after.
The requirement to have either a notified person or a second certificate provider is a mandatory safeguard. Every Lasting Power of Attorney must have at least one of these measures in place. This is why it is important to understand the difference and to decide which approach makes most sense for the donor’s situation.
What Is Notified Persons vs. Two Certificate Providers: Weighing the Options?
Naming a notified person has several advantages. First, it reduces the number of certificate providers needed from two to one. This can be simpler if finding two suitable certificate providers is difficult. Second, a notified person can provide ongoing oversight after the LPA is registered. They are in a position to notice if the attorney is misusing their powers and to take action if necessary.
Naming a notified person also demonstrates that the donor is confident in the oversight of the arrangement. It signals that independent people are aware of the LPA and will be monitoring its use.
Advantages of Having Two Certificate Providers
Having two certificate providers instead of naming a notified person also has merits. Certificate providers provide safeguards before the LPA is registered by verifying capacity and understanding. This upfront verification might prevent problematic Lasting Powers of Attorney from being created in the first place.
Some donors prefer this approach because it does not require them to involve additional people in ongoing affairs. Once the LPA is registered, no one outside the arrangement receives notification. For some donors, this privacy is preferable to having a notified person who will be informed of the registration.
Disadvantages to Consider
Naming a notified person means that person will be informed when the LPA is registered and will know about the arrangement going forward. Some donors prefer privacy and do not want additional people knowing about their Lasting Power of Attorney. In those cases, having two certificate providers instead might be preferable.
Similarly, if a donor names a notified person with whom they have a poor relationship, that person might raise frivolous objections to the LPA to cause trouble. Choosing a notified person carefully is therefore important to avoid such complications.
What Is Practical Guidance on Choosing a Notified Person?
A good notified person is someone the donor trusts, someone who understands the donor’s values and wishes, and someone who is likely to act if concerns arise. Ideal candidates often include a trusted friend, a close family member, or someone with knowledge of the donor’s affairs.
The notified person should be someone who is likely to remain in contact with the donor and who will take the role seriously. They should understand that they may need to raise concerns with the OPG if they believe something is wrong. A person who is too close to the attorney named on the LPA, or who might be reluctant to challenge the attorney, would not make a good choice.
What Should the Donor Tell the Notified Person?
You should inform the notified person that they have been named on the Lasting Power of Attorney before the application is submitted to the OPG. Do not surprise them with a letter from the OPG. Explain what the role involves, why they have been chosen, and what is hoped they will do if concerns arise.
Make sure the notified person understands that they will receive a formal letter when the LPA is registered. Explain that this gives them an opportunity to raise concerns if they believe something is wrong. Give them contact details they can use if they have questions or if they need to raise an objection.
Can the Notified Person Be Changed Later?
Once a Lasting Power of Attorney is registered, it cannot be easily amended. If a donor wishes to change their notified person, they would typically need to create a new Lasting Power of Attorney, register it, and inform the new notified person. This is an important consideration when selecting a notified person initially.
Before registering an LPA, the donor should be confident in their choice of notified person. Taking time to think about this decision during the planning stage can avoid complications later.
What Is Notified Persons and the Broader LPA Framework?
Understanding notified persons requires understanding the broader framework of a Lasting Power of Attorney. There are two types of LPA: one for property and financial affairs, and one for health and welfare. A donor may create both documents as part of a comprehensive plan for the future.
The role of notified persons is part of the safeguarding mechanisms built into the LPA system. These mechanisms are designed to protect donors from abuse and to ensure that attorneys act responsibly.
Other Safeguards in the LPA System
Notified persons are one part of a multi layered approach to safeguarding. The system also includes the requirement for capacity assessment by certificate providers, the requirement that the LPA be registered with the OPG before it can be used, and ongoing regulation of attorneys by the OPG. Together, these measures aim to protect vulnerable people and ensure that Lasting Powers of Attorney are used appropriately.
From Our experience, signatures must be completed in strict chronological order, and the Office of the Public Guardian processes approximately 3,000 documents a day with very little tolerance for minor errors. Any contradiction between the preferences included in the document and the powers granted will result in rejection. In my experience, many people assume they will sign the document and it is done, with little awareness of the registration process, the requirement for signatures from multiple parties in a specific order, or the involvement of certificate providers.
Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.
Frequently Asked Questions About Notified Persons
Can a Notified Person Prevent the LPA From Being Used?
A notified person cannot prevent the LPA from being used once it is registered. However, if they raise an objection during the objection period after receiving notification, the OPG will investigate before allowing the registration to proceed. Once the LPA is registered, a notified person cannot block its use, but they can raise concerns with the OPG if they believe the attorney is misusing their powers.
Does the Attorney Need to Know Who the Notified Person Is?
There is no legal requirement to tell the attorney who the notified person is. However, as a practical matter, it is often wise to tell the attorney. This transparency helps build trust and makes it clear that the arrangement is subject to oversight. Some donors prefer to keep the notified person’s identity confidential to prevent the attorney from trying to influence or pressure that person.
What If the Notified Person Dies or Moves Away?
If a notified person dies or becomes unable to receive notification, the LPA is not affected. The OPG will send the notification letter to the address held on file. If the person cannot be reached, the OPG will usually mark this on their records. However, the LPA remains valid even if the notified person cannot be contacted.
What Is Setting Up a Lasting Power of Attorney?
Deciding whether to name a notified person is one of several important choices to make when setting up a Lasting Power of Attorney. Additionally, understanding LPA registration will provide essential context for the process that follows once the form is complete.
Creating a Lasting Power of Attorney is an important step in taking control of the future. By understanding the role of notified persons and other safeguards, donors can make informed decisions that reflect their values and concerns.
TL;DR: Notified Persons in an LPA
A notified person is someone who must be informed when a Lasting Power of Attorney is registered with the Office of the Public Guardian, providing an additional layer of safeguarding.
- Notified persons receive a formal letter from the OPG when the LPA is registered and have a window to raise objections if they believe something is wrong.
- A donor can name up to five notified persons, but there is no obligation to name any.
- A notified person cannot be anyone who is already serving as an attorney or replacement attorney on the same LPA.
- If no notified persons are named, the LPA must have two certificate providers instead of one.
- Choose someone trustworthy, independent, and likely to remain in contact with the donor over time.
More From Elwyn & Mabel
Planning for the future with a Lasting Power of Attorney involves many decisions. Download the free Elwyn & Mabel checklist to help understand all the steps involved, from selecting suitable attorneys to understanding the registration process.
For personalised guidance on a specific situation, consider booking a free consultation with the estate planners at Elwyn & Mabel. During the consultation, questions can be asked, options discussed, and tailored advice provided on whether an LPA is the right step and how to move forward. Book a free consultation at a time that suits.
