When creating your lasting power of attorney (LPA), you Will notice that you Will be asked to provide details for the ‘people to be notified’. You are able to use this option if you would like to inform people outside of your attorneys that you have made a lasting power of attorney. This is so that they can view the LPA documents and understand what it means.
In this guide, we cover what this option does, what it is for and why you may choose to include it in your LPA.
What does ‘person to be notified’ mean?
When setting up an LPA using our online service, you Will see an option to notify people about the LPA. This means that they Will be informed that the LPA has been created and Will be given some details about the document. We recommended that you speak to the person before naming them so that they are away and understand their involvement in the process.
By notifying people outside of the attorneys you choose, you are able to ensure that other family members or friends are kept up to date and feel included in the process. It also allows other people to review the LPA and ensure it is set up in line with your wishes and best interests.
Those that are notified about your LPA are able to object, however, they must do so before the LPA is registered with the OPG. If you inform them after the LPA is registered, they can still object but this makes it more difficult for them to do so, as well as potentially causing difficulties for the attorneys named to act on your behalf.
You might be interested in reading:
- Should I get a power of attorney or is it a waste of time?
- What Happens if Your Lasting Power of Attorney Can’t Act on Your Behalf?
- What gifts can and can’t attorneys make on your behalf?
What does a person who is notified about an LPA do?
When you have included a person to be notified as part of your LPA submission, they Will receive a notice that the LPA has been sent for registration along with some details about the LPA itself.
It Will also outline what they can object to and why but also the types of objections they can make. The types of objections are factual objection and prescribed objection, which we Will cover in more detail below.
Factual objection
Factual objections are usually raised in the event that the information used to create the LPA is incorrect. As an example, this type of objection could be made if the donor or attorney is dead.
Prescribed objection
A prescribed objection can be raised by the person notified of the LPA if they believe it has been created in an illegal way.
If the notified person thinks that the person going under the power of the LPA (the donor) has been pressured into making it or that the attorney may act against the best interest or wishes of the donor, then they can make a prescribed objection.
There may be many other reasons why the notified person may want to object to the LPA and you can find a definitive list on the gov.uk website.
Always remember that the Court of Protection takes all objections very seriously, so if you are named as a person to be notified in an LPA, please ensure that you properly understand the notice and the potential actions you may need to take.
Ready to make your own LPA?
Here at Wills Services, we strongly recommend that you include a person/s to be notified when making an LPA, as it provides an extra level of security for the donor and ensures more people are aware of your plans and needs. If you need professional help, at any point in your LPA application, our expert team are on hand to answer any questions you might have and provide peace of mind.
To protect yourself in the event that you should lose the mental capacity to carry out everyday tasks, submit your lasting power of attorney enquiry or click the button below to get started.
