Lasting Power of Attorney query

Good morning

I have a couple of queries about LPAs:

  1. Can my client use the following wording as a preference?

I request that my attorneys consider my wishes and preferences as may be set out in a separate letter of wishes stored alongside this lasting power of attorney.

  1. What happens when a female attorney marries and her name changes? Can an alteration be made to an already registered LPA?

Thank you in advance.

Deborah Wise

  1. I’d say not as the OPG may well reject it but happy to be told otherwise. My suggestion would be to have the letter but not make reference to it in the LPA - I have done this on the odd occasion. Impress on the client that they are happy with their choice Attorneys and understand the extent of what they can, and indeed cannot do.

  2. You can’t amend a registered LPA but production of the marriage cert should be sufficient when using with banks etc.

Karl Taylor
Parker Rhodes Hickmotts

  1. I would suggest that it be a wish rather than a preference. After all the wording is expressing wishes. If that is done I would think OPG would not object.
  2. I agree with Karl’s response.

Patrick Moroney

Details of changes of name and addresses of the donor or attorneys in a registered lasting power of attorney also have to be sent to the OPG. They cannot change the details on the registered document but I believe they can update the search feature so the most up to date details appear on that. It still remains to remind donors/attorneys to keep some evidence of former names/addresses to satisfy third parties.

Also think it is o.k. as a wish rather than a preference.

Claire Flood

I have tried but I can’t find anything either in regulations or printed guidance about donors or attorneys being required to notify changes of address- can you give us a reference?

Tim Gibbons