LPA Registration

[miranda1]

My Dad who has dementia made an LPA many moons ago - I think it was sometime in mid or late 2018. He had full capacity at the time. He was told at the time by the OPG helpline folk that he could register it any time, including years later, and that it would still be vaild even if he had lost capacity by then, as he had full capacity at the time of the signing of the LPA (which was witnessed and signed by independent witnesses and certificate providers). Now his advocate, my brother, called the OPG and was given conflicting information - the Contact Centre in Nottingham said yes, he can still register it (even though Dad lacks capacity now). But the OPG Remissions team (who was dealing with his exemption application since he receives qualifying benefits) said he needs to still have capacity and be able to sign his name NOW (at the time of registration). He does not have capacity now and cannot sign. But he DID have capacity AT the time the LPA was made and signed. Can someone please advise as to which information is correct? I am assuming the Contact person is right since she told my brother that they are still registering the EPAs of people from the 1990s, and that many have lost capacity since that time. EPAs no longer exist and have been replaced by LPAs. Thank you.

[des8]

A person with dementia can register an LPA if they have mental capacity. If mental capacity is lost after the forms are signed but before registering, the attorney can register the LPA.
https://www.gov.uk/government/public...de-web-version€‹

[Jailor]

Hi
My parents had an EPA (Enduring power of attorney)* from the 1980s. It did not get registered until two years ago when I felt they were quickly loosing capacity. I was then able to step in and help with the investments they had.

Two years ago my wife and I sorted out LPA (Lasting power of attorney) that has taken over from EPA. The difference with this form is that you register it straight away making it easier in my case for my son to use it straight away if needed.

[miranda1]

DES8 and JAILOR - Thank you both very much for your responses. That's very helpful.