Pages of my registered Lasting Power of Attorney are missing – is the document valid?
Question: Why are there missing pages in a Lasting Power of Attorney returned by the Office of the Public Guardian after registration?
Answer: in the blog to follow…..
This is an exciting blog for me to share as it is an introduction to Nichola, LPA Associate and Project Manager, and the newest recruit to Speak For Me. Nichola started a couple of weeks ago and I may have omitted a little in the job description – thank you for stepping into blog writing so quickly if unexpectedly.
I was sent this question “Why are there missing pages in a Lasting Power of Attorney returned by the Office of the Public Guardian after registration?” via a convoluted Twitter (X) route and am grateful for Nichola in summarising the outcome of discussions and investigations.
My LPA Has Pages Missing
This article is prompted by a recent query about the mysterious disappearance of Sections 12-15 from a Lasting Power of Attorney (LPA) received back from the Office of the Public Guardian (OPG). Specifically, whether this omission made the document unusable.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is an important legal document that lets you choose who would speak for you if you ever couldn’t speak for yourself through a sudden accident, illness or longer-term ill health. There are two different Lasting Powers of Attorney, one covers Health and Welfare and the other Property and Finance.
The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to speak on behalf of the donor are called attorneys.
So where are my missing pages?
Firstly, let’s go back to that panic inducing feeling that something is missing. Who among us relishes the thought of filling in, and signing, legal documents? There are stringent guidelines for completing the LPA, including that all sections must be returned to the OPG, whether they are completed or not. So why haven’t they all been sent back? It’s quite understandable to worry that something has gone wrong. So how can you tell if your LPA has been validated?
What does a validated LPA look like?
When your LPA has been processed by the OPG you will receive a formal notice of registration and any supporting documentation that was sent with your application. When the OPG returns your LPA, it will have a perforated stamp at the bottom of the page saying that it has been validated. On the first page will be a stamp or box that shows the date of registration. A paragraph tucked away in the covering letter explains that Sections 12-15 are kept by the OPG for their records and are, therefore, not actually missing.
Information contained in the OPG cover letter when an LPA is returned
Conclusion
In summary, a registered Lasting Power of Attorney will be returned to you with sections 12 - 15 retained by the Office of the Public Guardian - the pages are therefore not missing and the document is valid.
It’s great to share the questions I am asked and, through the blogs, to be creating a fabulous resource. If you have a question you would like featured in blog contact Clare
Find out how I can support you in making a personalised Advance Care Plan or a Lasting Power of Attorney
If the blog has helped you or provided information and you would like to support my ongoing work, head to Buy me a coffee – thank you!
