2020-04-09
Legal Articles

Locating an attorney’s details

Home / Knowledge base / Locating an attorney’s details

Posted by Tracy Ashby on 09 April 2020

Tracy Ashby - Wills and Tax Lawyer
Tracy Ashby Head of Private Client - Senior Associate

All Lasting Power of Attorney documents must be registered with the Office of the Public Guardian (OPG) before the attorney may exercise any authority.  This applies to both financial and welfare documents.   During the Coronavirus pandemic how do those working in the NHS find out whether a patient has an attorney who can make decisions about important issues such as their medical treatment and life sustaining treatment.

How to check if an LPA has been registered

The OPG have received a surge in urgent enquiries seeking to find out whether someone has registered a lasting power of attorney (LPA) or enduring power of attorney (EPA) and who has been authorised to act as attorney. Due to the importance of LPA’s and EPA’s during the Coronavirus pandemic and lockdown, the OPG have changed how they process requests and are prioritising COVID-19 patients.

Making a request to the OPG

The OPG holds an online database detailing all LPA’s that have been registered. The EPA database is non-digitised and therefore requests may take longer to be dealt with.

In light of Covid-19, urgent requests can be made to the OPG by email but as this applies to keyworkers only it must be an official address such as ‘@gov.uk’ or ‘@nhs.uk’. The email must contain certain details, or the request will not be accepted.

The OPG are aiming to respond to all requests made between Monday and Friday within hours. Any weekend requests should be dealt with as a priority at the start of the week. The fast turn-around and streamlined process by the OPG is much welcomed by many at this time and highlights how important having access to an LPA or EPA is under the current circumstances.

Requests can also be made to the OPG to find information concerning deputyship court orders.

Are there other options

We store all of our client’s original LPA’s and EPA’s and can provide you with a certified copy of the document quickly. 

As a matter of course we also suggest that a certified copy is made available to your GP and attorneys as soon as your LPA is registered. By doing this we hope that, if necessary, we can streamline the process should your attorney need to rely on your LPA or EPA.

If you would like further information on making or using an LPA or have questions concerning this article, please contact our Private Client team.

About the author

Tracy Ashby

Head of Private Client - Senior Associate

Since qualification as a solicitor in 2005, Tracy has gained a vast amount of knowledge and experience in all private client related issues. Advising on care fee funding and protecting vulnerable clients is her particular area of expertise.

Tracy Ashby

Since qualification as a solicitor in 2005, Tracy has gained a vast amount of knowledge and experience in all private client related issues. Advising on care fee funding and protecting vulnerable clients is her particular area of expertise.

Recent articles

07 August 2020 Protecting your chances of getting paid; retention of title clauses

A retention of title clause is a term within a contract for the sale of goods which states that the seller retains ownership of the goods until specified obligations are fulfilled by the buyer.

Read article
05 August 2020 Privilege: Protecting your business communications

Privilege can entitle a party involved in court proceedings to withhold a document from their opponent or to deny access to regulators and enforcement agencies.

Read article
30 July 2020 Rethinking the landlord / tenant relationship

We have been following the travails of the high street for over 12 months where changing shopping habits, business rates and rent increases have been contributing to a growing strain on many landlord / tenant relationships.

Read article
Contact
How can we help?
01926 732512
CALL BACK