Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal tool that sets out your wishes about managing your finances if an illness, accident or old age makes it impossible for you to make those decisions for yourself. A LPA can also deal with health and care issues.

A LPA allows you to choose a person (or people) whom you trust to act for you. This person is referred to as your Attorney.

There are two distinct types of LPA : Property and Affairs Lasting Power of Attorney and Health and Welfare Lasting Power of Attorney. You may choose to have just one type, or both types.

It makes good sense to get your LPA drafted and registered whilst you are fit and well. This is because:

  • A LPA can reduce problems that may occur in the future. It will be more expensive and time-consuming for family or friends to try and gain a similar power in the future.
  • Making a LPA can help prompt discussions with others about your future wishes.
  • Making a LPA ensures that the person you want to make decisions for you will be able to do so. This prevents a stranger, or someone you may not trust, from having that authority.
  • It can be reassuring to know that, if you are unable to make a decision for yourself in the future, your chosen Attorney will make a decision for you.

QUESTION:   What happens if I don't make a Lasting Power of Attorney?

ANSWER:      If you become unable to make decisions there may be a time when no one can decide on your behalf as they will not have the required legal authority. This can make life difficult in many ways, eg bills unpaid. In that case somebody would have to apply to the Court of Protection to become your Deputy. That process is more expensive and complicated and involves a Deputy filing annual reports to the Court. So it can be easier for someone to be an Attorney rather than a Deputy.

The Cost 

The cost of making a Lasting Power of Attorney is made up of two parts:

  1. The Court of Protection registration fee which is paid to the Court when each LPA is registered (an LPA is invalid until registered). Currently this Court fee is £82.00 for each LPA. There are some cases where your financial situation might enable you to qualify for a fee reduction or lead to you paying no Court fee.
  2. Our legal charges. We charge £300.00 plus VAT for the preparation and registration of a single LPA and £400.00 plus VAT if both types of LPA are being prepared.  If we are asked to prepare Lasting Powers of Attorney for two people in the same household at the same time then our charge for the second person is half the normal charge (ie £150.00 plus VAT for a single LPA, £200,00 plus VAT for both).

HOW CAN WE HELP ? 

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