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The Office of the Public Guardian works alongside the Court of Protection in connection with the affairs of persons who lack capacity to handle their own affairs.

Both Lasting and Enduring Powers of Attorney must be registered with the Office of the Public Guardian.

An Enduring Power of Attorney must be registered if the donor has become has become (or they suspect that the donor is becoming) mentally incapable of handling their own affairs although the attorney can act for the donor before this occurs. Once the donor becomes mentally incapable, the Attorney cannot act until the Power has been registered.

A Lasting Power of Attorney cannot be used before it has been registered with the Office of the Public Guardian. The donor can register the Lasting Power of Attorney whilst they have capacity or the Attorney can apply to register the Lasting Power of Attorney at any time.

Contact Tania Austin.