People to notify explained

Guidance from Estate Advisory Group

Section 6 lets the donor name up to five people who must be told when the LPA is sent for registration. It is optional — but it is a genuine safeguard, not a formality.

What actually happens

Before the LPA goes to the Office of the Public Guardian, whoever is applying to register it must send each named person form LP3. That form tells them the LPA has been made, who the attorneys are, and that they have three weeks to object to the OPG if they are concerned.

What they can and cannot do

• They can object on limited grounds — for example that the donor lacked capacity, that there was fraud or pressure, or that an attorney is not entitled to act.
• They cannot block the LPA simply because they dislike the donor's choice of attorneys, and they get no ongoing role once it is registered.

Who to name

Typically an adult child, sibling or close friend who is not being appointed as an attorney. You cannot name someone who is already an attorney or replacement attorney in the same LPA.

Should you name anyone?

Both choices are perfectly normal:

• Naming people adds transparency. It is worth considering where one child is being appointed and others are not, since it removes the "we were never told" argument later.
• Naming nobody is simpler and avoids the extra LP3 forms, and is the more common choice. It does not weaken the LPA — the certificate provider is the main safeguard.

We ask the question, explain both sides, and prepare the LP3 forms automatically if you do name someone.

Practical points

• You need each person's full name and address.
• The LP3 forms must go out before the registration application, and you confirm on the form that they have been sent.
• The three-week objection window runs from when they are notified, which is one reason registration is never instant. See registration timescales.

This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.

Published by Estate Advisory Group