No time to lose

According to the seventh
edition of Cretney & Lush on Lasting and Enduring Powers
of Attorney, “...the registration of an
LPA is a straightforward process that should take no longer than about five
or six weeks...” Wouldn’t it be great if that estimate reflected the actual experience practitioners have of last powers of attorney registration times at the Office of the Public Guardian?

Unfortunately, in the majority of cases – and particularly in recent months – you need to multiply those figures
by three.

When LPAs were introduced, and the system was ‘bedding in’, I used to advise clients that it would take 12–14 weeks for their LPAs to be registered. It was a reason to get LPAs registered as soon as possible: no one liked the thought of a three-month wait for the form to be stamped if something happened that meant it was needed by their attorneys.

The time taken to register LPAs has always been a bit of a moveable feast, but there was a definite improvement. For a while during 2012 and 2013, I was receiving registered LPAs back within eight to ten weeks, and receiving letters from the OPG acknowledging receipt of the applications (and giving an estimated registration date).

Something has happened, however. The system has taken a step – or three – backwards. Despite the reduction in the statutory waiting times for LPA registration that came into force in April 2013, the process has slowed down rather than the opposite. The current estimated registration time is 14 weeks, which, in my experience, seems a little optimistic.

At the start of May, I chased an application submitted on 5 March 2014, and received the following response from the OPG: “Demand for LPAs is currently very high and registration is taking longer than usual – in some cases up to 14 weeks. As a result service levels have been compromised recently but we wish to assure you that we have a plan of action in place to put this right. We are recruiting additional staff and changing the way we work...”

A big problem here is that the prescribed four weeks during which an objection to registration can be made doesn’t start to run until the OPG issues the LPA003A and LPA003B notices to the attorney and donor. These have yet to be sent on my March application, so I know it is going to take significantly longer than 14 weeks to be registered and returned.

Having the exciting rock ‘n’ roll
life that I do, I thought I’d look at some facts and figures available on the OPG and power of attorney registration applications. During 2011 and 2012,
the OPG registered 183,000 LPAs and 16,000 EPAs, 44 per cent of which
were registered and returned within
11 weeks.

By 2012/13, processes seem to
have improved: 229,000 LPAs and 17,000 EPAs were registered, with
90 per cent of them being registered and returned within ten weeks
of the ‘post room stamp’ date of
receipt. This is one of the OPG’s
stated performance aims, along with
its mission “...to deliver excellent services to attorneys...”

So what has happened recently? Maybe I’m just unlucky, and the next annual report will show that the OPG is still meeting its performance aims and delivering an excellent service to everyone else. The comments on professional forums, however, suggest that I’m not alone.

Sadly, I’m not aware of anything
we can do to achieve a more consistent and speedy result for our clients. Managing their expectations is difficult when there is such a vast disparity
in the service provided. 

Sofia Tayton is partner and head of care and capacity at Lodders

She writes the regular in-practice article on care and capacity for Private Client Adviser