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.
What happens when a female attorney marries and her name changes? Can an alteration be made to an already registered LPA?
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.
You can’t amend a registered LPA but production of the marriage cert should be sufficient when using with banks etc.
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.
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.
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?
On some occasions I have used the following wording in preferences:
It is my wish that my attorneys act in accordance with any wishes I may have made known to them either verbally or in writing.
OPG have not rejected any.
I had an attorney who had married and moved by the time they were required to act. I phoned OPG and that is what they told me to do - it may be that institutions like the banks have a different way to verifying the LPA by searching the registers etc.