How to deal with a delay in registration of a Power of Attorney?

How to deal with a delay in registration of a Power of Attorney

With the threat of Coronavirus continuing, many of the most at-risk groups are having to self-isolate in order to protect themselves and others.

It is these individuals in particular, who may need to rely on friends and family members to act on their behalf in regard to their finances and so are looking to set up Lasting Power of Attorney documents (LPAs) at this time of uncertainty.

Unfortunately, it is currently taking around 8 to 13 weeks for a Lasting Power of Attorney to be registered at the Office of the Public Guardian, with these timescales likely to increase the longer the pandemic continues.

What we can do to help?

We are preparing Ordinary Powers of Attorney for our clients who take out a Property & Financial Lasting Power of Attorney, which can take effect immediately, whilst you wait for the Lasting Power of Attorney to be registered and returned from the Office of the Public Guardian, ensuring that you have the best possible protection.

How is an Ordinary Power of Attorney different from a Lasting Power of Attorney?

An Ordinary Power of Attorney allows one or more named person, known as the Attorney or Attorneys, to make financial decisions on your behalf. It is only valid and can be used on your behalf whilst you still have the mental capacity to make your own decisions.

It is useful when:

• You need someone to act for you for a temporary period, such as when on holiday or in hospital or currently having to self-isolate.
• You are unable to get out and about to the bank or post office and want someone to be able to access your account(s) for you.
• You want someone to act for you whilst still being able to supervise their actions.

How is the document witnessed?

An Ordinary Power of Attorney will need to be signed by yourself (the Donor) in the presence of an independent witness (someone who is NOT an attorney) such as a friend, neighbour or relative.

This does pose certain difficulties in the current environment but whilst we wait for the law to change there are many suggestions being made to work around this and still remain compliant. Suggestions include having documents witnessed by a friend or neighbour over the garden fence or through a window, whilst maintaining social distancing measures currently in place.

We strongly recommend, as we understand that Coronarvirus can remain on paper for along time, that every individual follows the hand washing advice, doesn’t touch their face and that each individual uses their own pen.

If you need to discuss having Lasting Power of Attorney documents put in place, please contact Kate Collins on katec@bradleyhayneslaw.co.uk or call 01905 900919 for more information.