Lasting Power of Attorney query

Trusts Discussion
1

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

2

  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

3
  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

4

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

5

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

6

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.

Steve Wilkes
Silver Lining Estate Planning

7

That’s great thank you.

Deborah Wise

8

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.

Claire Flood

9

Re Tim Gibbons query:

" If your attorney’s details change you must write to OPG if one of your attorneys has changed their:

  • name - by marriage or deed poll
  • address

You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

Do not make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA"

Extract from " Make, register or end a lasting power of attorney".

Malcolm Finney