Can anyone help with question re: POA register?

[BartlebyArcher]

i may be being a bit dim here but I’m confused about registering a POA.

I have a paper POA (LPA117) all drawn up, witnessed etc etc in 2015. My parents spent a LOT of money on getting this done with an ‘expert’, not a solicitor but some sort of will writer… I am now going to register the document. I have already checked that it isn’t register already. I have found the corresponding form (LP2) from the Office of the a public Guardian. There is a checklist of things to do. No where does it say to send the actual document LPA117. Do I just assume that it’s a given that I will-send this? I’m cautious as I know what my parents paid and the time it took to get it witnessed etc etc so I don’t want to risk it getting lost if it’s not needed at this point.

Hope I’ve explained ok - can anyone help? Do I send it now?

Yep, you need to send it. Mine came back perforated with, I think, "validated" on every page. That was in 2020. Send it by special delivery. I can't remember how mine came back.

Thank you so much @AudiobookListener It sounds obvious but I’m puzzled by why it’s not on the bulleted list of actions. I will be sending it all by recorded delivery.

Recorded delivery is now called "signed for" and all you get is proof IF your letter is delivered. IF it isn't delivered, well, it's lost. I think special delivery is now called "tracked" and that's supposed to mean Royal Mail know where it is at all times. I would choose that.

No, not recorded delivery, send it by special delivery, about £7.

Take a copy first, so you can re-create it if necessary. You won’t need to, but it gives peace of mind.

I think it’s not on the list of actions because it’s obvious that if you fill in a form to apply for something, you send in the form. It would seem more obvious had it been registered as soon as it was completed.

I wonder if they'll accept it now, if all the signatures are dated 2015.

I've just checked and it looks as if they will.

Yes; I’ve been to a couple of webinars one from an employee support team and one from a carers group and they both said it was ok. What I am slightly concerned about is that the last date the LPA117 was meant to be used was April2015 and the last witnessed signature is May 🙄 My late father paid a small fortune for a ‘professional’ to draw these forms up. I did tell him at the time that you can DIY. I’m just going to try it and see what happens. If they are rejected I’ll just DIY starting from scratch. They only take the payment if the forms are ok so it will only cost me the special delivery to find out.

If they are rejected I’ll just DIY starting from scratch. They only take the payment if the forms are ok so it will only cost me the special delivery to find out. I’m not sure that’s correct. There’s a reduced fee if you resubmit after correcting mistakes, and that would create a perverse incentive - bust a gut getting it right the first time and pay full fee or just hand it over in any old state, get them to check it, and oay a reduced fee when you resubmit.

the LP2 registration form is marked as £82 for registering but the more detailed form re:payments (LPA120a) phrases this differently and refers to this as an application fee, suggesting that you are correct and the process of looking at the document wouldn’t start until the fee was paid.

now I can’t find where I read that the last date LPA117 should have been used was April 2015. I don’t know whether the final signature being dated May would be classed as a correctable mistake or a non-issue. It doesn’t sound correctable. I guess I could ring but if they are anything like other government departments…

i think the lesson in all of this is to register your own LPA when you draw it up and to just DIY as the ‘expert’ who charged 100’s seems to have added not removed confusion. If I resubmit, it wouldn’t be this form corrected (I’m not sure that would be possible anyway if the form was out of date when it was witnessed), I would follow the online route as I’m not comfortable with the other attorneys also listed in this doc and it would be a chance to get rid of them, not least because it would save additional rounds of witnessing. Obviously I’d have to check my parent was on board with that however, a lot of water has passed under the bridge since 2015.

… I’ve now found a reference to LPA117 going up to 2016 so maybe I am ok 😮‍💨

now I can’t find where I read that the last date LPA117 should have been used was April 2015. I don’t know whether the final signature being dated May would be classed as a correctable mistake or a non-issue. It doesn’t sound correctable. I guess I could ring but if they are anything like other government departments… you may have a wait, but the call line staff are very good and very helpful.