Why would a solicitor not register a LPA?

[LittleMy77]

One of my parents has died, leaving everything to the other.

They both updated their wills and LPAs back in early 2020 and we as executors / signatories were informed that we were named on this, didn’t think more of it

In sorting out all the death admin, turns out the solicitors (big, highly reputable firm) didn’t register the LPAs at the time as ‘they only do it when they need to’ and they then went on to say the delays they were seeing

I don’t understand this at all (not that we need it now for one of them) surely this is a huge risk, esp given the delays with covid over the last couple of years? Are we missing something?

If you were named as the attorney on the LPA, you would have had to sign the form. Did you?

Sounds as if they forgot and are trying to cover it up. The whole point of an LPA is to get it in place before you need it. I would insist on the other one being registered now and not at your expense. I'd also be thinking about using a different firm in future.

I'm sorry for your loss.

Yes, we (me and siblings) signed and sent back to solicitors

I’ve only done my own just recently so now know my parents should have received the activation code etc, but didn’t

yeah we thought similar tbh - there’s some other weird stuff popping up too which makes me v uneasy about their due diligence. May be time to get a second opinion, which is the last thing any of us want to do atm

Early 2020 puts us firmly in the era of the Lasting Power of Attorney which has to be registered immediately.

Might there be some confusion with an Enduring Power of Attorney under previous legislation which only had to be registered when the Donor was, or appeared to be, losing capacity.

If they are LPAs is the failure to register going to be a problem now, for example because the surviving parent is now incapable?

My understanding is you can do LPA, sign etc, but it doesn’t need to be registered at that time.

a LPA gives an attorney quite a lot of power to access bank accounts, health information etc. all they have to do is register the LPA with the bank and they are given access.

I believe it’s quite normal not to register the LPA with the court if you’re completely independent with no anticipated issues, then send it off when it becomes apparent you may need it.

I

After doing some reading, i was also wondering if it was an EPA, but paperwork we got definitely refers to LPA

Luckily my surviving parent has full capacity of everything (atm) but absolutely needs more help and is late 70’s. I feel fortunate we haven’t needed it, given how ill they’ve both been

Weve got an appointment at the solicitors on Friday, and I’m sitting in on that, as some of the info we got back about the estate and probate etc we’re 95% sure isn’t correct or relevant, given their circumstances

Thanks, but I don’t think this is correct. There’s been such long delays with them being registered (took ours 6 months last year) that if you waited until you needed it, in some cases they’d be worthless

@Thisismynewusername1 is right. LPAs don't have to be registered straightaway. You can, or you can wait until they're looking likely to be needed. The solicitors will have been acting on the instructions they were given by their clients, your parents, and also the terms of their retainer.

Everyone wants to assume that professionals are wrong and give them a kicking.

Have a look at the .gov website.

as long as you’re competent you can register the LPA at any time. It doesn’t have to be done immediately.

here it says you can register it at any point:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/245550/LPA110_Guidance_apply_register_LPA.pdf

there are the caveats that if anything has changed it will need a new one drawing up. But it doesnt not have to be registered Immediately.

What you describe was the case under the predecessor to Lasting POwers of Attorney - the Enduring Power of Attorney. Can't remember when they changed over - may be 20 years ago.

Assuming of course we're talking about England and Wales. Scotland, legally, is a different place :-)

The difference between EPA and LPA is EPA can only be used when the donor is not competent.

LPA can be used at any point from registering. If the donor is competent or not.

it is not unusual to hold off registering if you do not need it, as it gives the attorney immediate power to act on your behalf.

I’m not looking to give the professionals a kicking. One of my parents has just died and Im trying to help do the post death admin.

When dh and I did our LPA last year we were told to register them asap, due to the delays in processing them. Everyone else we know has been told the same thing, hence my question.

Your parents may have opted to do differently. Doesn’t make it incorrect or wrong.

it’s 12 weeks processing time. Not that long if you’re in good health and don’t anticipate needing care for a good few years.

I work in this field and whist you don't have to register them right away, the opg are currently taking up to 20 weeks to complete registration so we advise to get them registered straight away so everything is in place should they be needed later down the line