Lasting Powers of Attorney

Hello please could you help me with the following queries:

  1. I recently prepared Property and Finance LPAs for my clients. They have signed as have their attorneys and I am about to send off for registration. When I saw my clients yesterday they showed me letters from the OPG regarding the registration of the same type of documents, but in 2013. So what I have done are duplicates. My clients don’t have their original LPAs but more than likely they are held with the solicitors who did the work for them at the time. Should the documents I’ve prepared just be destroyed as they are duplicates? What if the solicitors who acted in 2013 can’t find the original hard copy LPAs- I have a reference number for each of the original LPAs- will the OPG be able to help?

  2. On another matter, one of my client’s chosen attorneys lives in the states - I have sent the LPAs electronically so he can print and sign his signature pages before returning the hard copies to me. The problem is that American printer paper is not A4 - it is “shorter and fatter” than A4- that won’t be a problem will it ?

Many thanks

  1. OPG will be able to supply copies £ 50 each I think.
  2. Should not be a it wasn’t for a case of mine.

Patrick Moroney

OPG copies are £35 each.
It is very possible to have 2 LPA’s running simultaneously as unlike a Will, one doesn’t revoke a previous one. But obviously if there are differences there could be issues. I made an date of birth error with one that was then registered and OPG told me to make a new one THEN REVOKE the old one. I did and it wasn’t a problem.

Yes I was wondering about that. Sending a revocation in when registering new LPAs surely isn’t the right thing to do, especially with the OPG taking 20 weeks currently to register! It would leave the donor in a vulnerable position without an LPA

Hi Deborah,

Yes that’s exactly why you leave the live LPA running then revoke it only AFTER the new registered one comes back.

I run a series of free bimonthly sessions with technical speakers, all on zoom. It’s called the Willwriters network. Only criteria is you are a member of some form of regulatory body such as IPW, SWW, SRA, STEP etc.

Let me know if you’d like an invite.

Best regards,

The clients may have a professional attorney on the missing documents, more digging would be appropriate, not knowing also how it was set up could be an issue, my suggestions are to organise both for the clients, not just the the finance side
The OPG will be okay with the signed attorney form as long as it contains the bottom borders etc, is the stateside attorney one of many ? Will they be able to come to the uk at short notice?
Will all the attorneys be able to act joint/severally

I never send of a revocation until I have the registered replacement document in my hot little hand!