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When does an LPA become effective?

Your attorney(s) can start using the powers granted by your Finance and Property LPA as soon as it is registered with the Office of the Public Guardian (OPG). Your Health and Welfare LPA can be used once it is registered with the OPG and you have lost capacity to make decisions yourself. However, you can specify the extent of the authority you are granting, or put restrictions within the document if you wish to do so. For example, you may wish to specify your attorney(s) can start managing your financial affairs in the event of your mental incapacity and not before. It is worth noting that it is becoming increasingly difficult for third parties to assist in managing the financial affairs of another. It is now a criminal offence to handle the affairs of someone who is incapable (even if prior authorisation was given) without a registered LPA.

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