Registration / Revocation
An Attorney may not act pursuant to an LPA until it has been formally registered with the Office of the Public Guardian (OPG).
In order to undertake registration various Notices must be served. The registration process will take a minimum of six weeks (because the OPG must wait for this minimum period before registration. For this reason – it may be sensible to undertake de-registration immediately to avoid potential delay later.
Certain individuals (including those named in the LPA document, or the donor) may object to registration on certain specified grounds which includes that the donor/or the Attorney is bankrupt, that the donor/or the Attorney has died, that the donor has divorced the Attorney since execution of the LPA or that the Attorney lacks the required mental capacity. Prompt action is required if you wish to object to the registration of an LPA.
A donor always retains the right to revoke an LPA – all the time that he retains the mental capacity to do so.