Lasting Powers of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document. It allows you to choose someone you trust to make decisions on your behalf about things such as property and financial affairs or health and welfare at a time, in the future, when you no longer wish to or may lack the mental capacity to make those decisions yourself. In other words you can sort out what is to happen if you lose your ability to make your own decisions.
A Lasting Power of Attorney can only be used after it is registered with the Office of the Public Guardian in London.
Who can make a Lasting Power of Attorney?
Anyone aged eighteen or over, with the capacity to do so, can make a Lasting Power of Attorney appointing one or more attorneys to make decisions on their behalf.
It is not possible to make a Lasting Power of Attorney jointly with another person. Each person must make his or her own Lasting Power of Attorney.
Types of Lasting Powers of Attorney
There are two types of Lasting Power of Attorney
- A Health and Welfore Lasting Power of Attorney
- A Property and Financial Affairs Lasting Power of Attorney
The Property and Financial Affairs Lasting Power of Attorney
Allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs.
You can decide to give your attorney/attorneys the power to make decisions about any or all your property and financial afairs. This could include paying your bills, collecting your benefits or selling your house.
The Health and Welfore Lasting Power of Attorney
This can be used by someone you trust to make decisions about your medical treatment, where you live and your day to day care.
For more information
Contact Clair Dunkerley who, as well as being an experienced private client solicitor, is a Solicitor for the Elderly on 01429 230034 or 0191 383 0111 or email cdunkerley@tmjlegal.co.uk
Or visit the government web site
What can happen if you do not have a Lasting Power of Attorney
If you cannot deal with your affairs someone may have to apply to the Court of Protection to be appointed to act as your Deputy. This is expensive and time consuming and the person who applies may not be the person you would have chosen.
If you are in business the delay could have disastrous consequences for that business.
Cost of Lasting Powers of Attorney
Property and Financial Affairs Lasting Power of Attorney (LPA)
£325 plus VAT plus court fee.
Health and Welfare Lasting Power of Attorney (LPA)
£325 plus VAT plus court fee
Property and Financial Affairs LPA and Health and Welfare LPA
£545 plus VAT and court fees
If we take instructions on the same occasion for similar LPAs for husband and wife we offer a reduction. If we complete four LPAs the fee will £895 plus VAT
- The Office of the Public Guardian charges a registration fee of up to £130 for each LPA (depending on your means you may be eligible for fee exemption or a reduced fee).
How we can help
We can assist with a home visit. If you require this we make a charge of £70 plus VAT and sometimes a mileage charge but this would be agreed with you before we visit.
We have experienced solicitors to provide advice, complete the forms and ensure that, when completed, they are registered at the Office of the Public Guardian.
In some cases we can assist with a Certificate Provider (this can result in a considerable cost saving)
If required safe storage for your LPA until it is needed.
Do not risk preparing a LPA without meeting and discussing your requirements with a professionally qualified solicitor to avoid the many pitfalls you may not know about.
We are solicitors regulated by the Solicitors Regulation Authority.
