LPAs were introduced under the Mental Capacity act 2005 and came into effect from 01.10.2007 replacing the previous Enduring Power of Attorney (EPA).

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Everyone who writes a Will should consider making a Lasting Power of Attorney. Your Will deals with your estate and your wishes when you die, BUT have you considered what the situation would be whilst you are still alive if, as a result of an accident, disability or an age related condition you are unable to deal with your affairs?

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If you do not have an LPA in place and you lose mental capacity, the Court of Protection (CoP) may appoint a "Deputy" to make ongoing decisions on your behalf. Applying to be a Deputy can be expensive and lengthy. Court costs include an application fee of £400, a registration fee of £500 and a supervision fee of up to £800 per annum. Solicitors" fees for the necessary CoP applications can run into thousands of pounds. It can take many months before a Deputyship order is made and in the interim your financial affairs would effectively be frozen - a particular problem if care home fees are being funded privately - and all welfare decisions would rest with your medical team and or social services! All in all, a potential nightmare scenario and one that can have been easily avoided if there was a Lasting Power of Attorney in place and Attorneys had been named / appointed to act on that person’s behalf.

 

What is a Lasting Power of Attorney?

A document which allows your appointed attorneys to act on your behalf when you cannot make decisions for yourself. There are two types of Lasting Powers of Attorney ("LPA"). You may choose to set up both types or just one.

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Property and Financial Affairs

Your attorneys will be allowed to make decisions about your property and financial affairs, such as selling your property, accessing your bank accounts, paying your bills and buying and selling investments.

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While you have mental capacity, your Attorneys can deal with these matters for you with your consent but if you lose mental capacity, then your attorneys can deal with your property and financial affairs even if you do not have sufficient understanding to give them permission to do so.

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Health and Welfare

Your attorneys will be able to make decisions on all aspects of your health and care, including where you live, who visits you and the type of care you receive. 

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You can choose whether to give your attorneys the power to accept or refuse life sustaining treatment on your behalf.

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This LPA can ONLY be used when you lack the capacity to make such decisions for yourself.

 

Why do I need a Lasting Power of Attorney?

By preparing an LPA you will have the peace of mind of knowing exactly who will be responsible for looking after you if you are unable to make decisions for yourself.

 

How do I register an LPA?

Your attorneys can only use the LPA's after they have been registered at the Office of the Public Guardian. The registration process usually takes 12-14 weeks but can be longer.

You do not need to register your documents straight away, however, the advantage of immediate registration is that the documents will be effective and ready to use should they be needed suddenly, otherwise your attorneys would have to wait for the registration process to be completed after you have lost capacity.

 

Who are the Office of the Public Guardian (OPG)?

The OPG is a Government body responsible for the registration of these important documents. They do charge for registrations and their fee is a separate cost payable to them directly upon registration. Depending on your individual circumstances you might be eligible to claim a “remission” or an “exemption” from paying the registration fees

 

What does it cost to create a Lasting Power of Attorney?

There are normally two sets of fees associated with the creation of an LPA. There will be our charges for creating the documents, arranging for all signatures and certification and dealing with the whole registration process; and then there are the registration fees charged by the OPG for each document. 

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Our fees for an LPA are only £150 per document. 

The current OPG registration fee is £82 per document