If you have a lasting power of attorney, or LPA, you must treat it like any other legal document and make sure any changes in circumstances are reported. As LPAs are registered with the Office of the Public Guardian, or OPG, this is the authority that needs to be notified. Let’s look at the changes that need to be reported.
1. Change of name and address
Minor administrative changes, such as a change to the donor’s or attorney’s name or address, must be reported to the OPG. If it is a name change due to marriage, a copy of your marriage certificate is required; if your name has changed by deed poll, a copy of this document showing the new name should be sent. You should never send original documents.
If it is a change of address, you don’t need to send any documents; instead, simply inform the OPG. It is important not to change anything on the LPA document, as this may invalidate it.
While many people choose to deal with LPAs themselves, companies such as https://powerofattorneyonline.co.uk/ can advise you on setting up a power of attorney online.
2. Death
If either the donor or an attorney dies, the original LPA and any certified copies must be sent to the OPG. If the death occurred outside the UK, the OPG will also need a copy of the death certificate. If the donor dies, the LPA will be cancelled; if a sole attorney dies or was acting jointly with others, it will also be cancelled.
You can also cancel your LPA at any time, as long as you have mental capacity, by writing to the OPG. If an attorney dies and others can make decisions on their own, the LPA will simply be updated. Cancelled LPAs are destroyed unless you ask the OPG to send them back to you.
3. Replacement attorneys
If you are asked to act as a replacement attorney, you must send the OPG the original LPA and all certified copies before an updated one can be issued.
