Wednesday, 12 October 2011

Will a Bank Accept an Unregistered LPA?

Article by
Sharon Brown
The simple answer to this question is no.  A Lasting Power of Attorney is not valid until it has been registered with the Office of the Public Guardian. 

On the contrary, an unregistered EPA (Enduring Power of Attorney) may be accepted by banks and other financial organisations – it is at their discretion though, so there are no guarantees.  An attorney under an EPA has a duty to register the document with the Office of the Public Guardian when the donor has lost, or is beginning to lose mental capacity. 

If a donor has prepared a Lasting Power of Attorney and is awaiting the registered document, they do still have a choice.  If they are able to, they can carry on dealing with matters personally.  If they require some assistance then they can prepare a ‘short form power of attorney’.  This is a simple document, which allows the donor to specify who should be able to help them until the registered LPA is received.  The document does not need to be registered and should be accepted by banks and other financial organisations. 

Please see  our "FAQ's on Powers of Attorney" for more information that may be of interest.

If you have further questions or require assistance please contact Sharon Brown on 01992 422128 or sharon@gardenhousesolicitors.co.uk

http://www.gardenhousesolicitors.co.uk/   Tel: 01992 422 128

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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