Once the LPA has been signed by all parties it must be sent to the Office of the Public Guardian (OPG) to be validated and registered before it can be used. This is best done whilst the donor still has full mental capacity so thatany necessary corrections can be made.
If there is anyone included as a person to notify they must be sent a completed LP3 form so that they can raise any objections to the application.
OPG will take payment, either online in the portal, by calling them for a card payment or by cheque. If a form LPA120 has been completed for a reduction or exemption then this will be taken in to consideration by OPG.
The OPG team will check that there are no issues with each application and that they are legally valid. If they find issues then they will contact the parties informing them of any errors. This could result in pages needing to be corrected and re-signed. In some cases it could be returned and the process restarted. This would require an additional fee to be paid.
OPG will send confirmation that they have received the application. This could be up to 4 weeks after it has been sent to them. The confirmation will contain and estimate for the expected date of registration. This shouldn’t be any longer than 12 weeks after the date of the confirmation.
There is a 4 week cooling off period following the confirmation of receipt letter, this is to allow any objections to the application to be raised. During this period the donor and attorneys will receive a notice of the registration.
The LPAs are then sent to the Court of Protection for their approval. This court might also raise any issues with the application and request corrections.
If there are no further issues then the LPA is registered around the estimated date and the donor and the attorneys will be notified of the successful registration. Each letter to the attorneys will contain a unique activation key.
The LPA will be returned to the correspondent within 2 weeks of this registration date. This document is stamped on each page to indicate its authenticity.
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