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Elderly parents

LPA - how to obtain a copy?

29 replies

Soybean31 · 18/03/2021 04:03

A few years ago, my parents took out LPA for health and finances, which they arranged through a solicitor. They signed the documents, which were then sent to me for signature and witness signatures. I then returned these to the solicitor, for registration. Following on from this, I expected to receive some sort of confirmation/ copy but never did, is this correct? If I ever needed to refer to their wishes, I have no way of looking this up. Can anyone advise please? Thank you Smile

OP posts:
MaggieFS · 23/03/2021 08:54

This has got me thinking. Is it normal/possible for solicitors to retain LPA forms without registering them?

My parents set up LPAs using their solicitor when my father became terminally ill, before he died. They named each other, my brother and I as the attorneys. I remember signing the documents. We never needed to use my Father's LPA.

I'm 99.9% certain I never received any sort of notification that I had been named or had anything official back as pp have described.

I am have a very low opinion of their solicitor because they utterly ballsed up the conveyancing on my own house purchase,but I think they did what was needed for Dad's will and probate. Certainly we got everything wound up. I'm thinking it would make sense to check the status of mum's LPA so I know where things stand (and to make sure the solicitor hasn't forgotten something!!)

MereDintofPandiculation · 23/03/2021 12:02

Is it normal/possible for solicitors to retain LPA forms without registering them? It's possible. There's no requirement for it to have been registered immediately. The advice is usually to register it straight away because then there's no delay to it being used when it becomes necessary.

The other question is - if it was a number of years ago, was it a LPA or the predecessor an EPA? I can't remember when the change over was, certainly more than 11 years ago.

MaggieFS · 23/03/2021 13:30

Thanks @MereDintofPandiculation they were done in 2016. Mum is fine at the mo, but I might ask her to check plus also look at what she was billed for!

MereDintofPandiculation · 24/03/2021 14:10

@MereDintofPandiculation

Does anyone know how you juggle revoking an EPA and replacing it by an LPA? I’m thinking that if I try to register an LPA with an existing EPA, it won’t work. But if I sign the deed of revocation and send it with the LPA, during the processing by the OPG I won’t be covered by either.
I rang OPG and got the answer.

The EPA isn’t registered. It can’t be registered until capacity is lost.

So I draw up the LPA and get it registered. Once it’s registered I destroy all copies of EPA. if I think there are any copies still extant, it may be worth doing a deed of revocation and attaching it to the LPA.

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