LASTING POWER of ATTORNEY
A lasting power of attorney (LPA) is a legal document that allows you to appoint someone that you trust as an “Attorney” to make decisions on your behalf when you no longer have the mental capacity to do so.
There are two types of lasting powers of attorney:
- Health and welfare lasting power of attorney: this gives your attorney power to make decisions affecting your personal welfare such as where you live, giving or refusing consent to particular types of health care, and other matters relating to your day-to-day care
- Property and financial affairs lasting power of attorney: this gives your attorney power to manage your finances such as paying your bills, collecting your benefits and selling your house if this becomes necessary
A Lasting Power of Attorney can only be used after it is registered with the Office of the Public Guardian. You can only make a lasting power of attorney whilst you have mental capacity. If you lack mental capacity, but don’t have a lasting power of attorney in place, then a friend or relative can apply to the Court of Protection to apply to become a deputy to make decisions on your behalf. However, drawing up an LPA is a quicker, cheaper process than applying to become a deputy.
You can have as many attorneys as you like, but we advise that you have no more than four. It is also possible to appoint replacement attorneys.
How much does this service costs?
TOTAL: We offer a fixed fee of £800.00 plus vat (£960.00) for completing and registering the two Lasting Power of Attorney forms for one individual.
If you wish to only register one of the forms, we offer a fixed fee of £400.00 plus vat (£480.00) for one individual.
The fixed fee includes: obtaining your instructions, advising you on the different forms and which one would be suitable for your needs, completing the required forms and lodging the same with the Office of the Public Guardian, securely sending you the original documents for your safe-keeping.
These fees do not include the disbursement payments to be made to the Office of the Public Guardian which are £82.00 for one form to be lodged and registered. Disbursements are costs related to your matter that are payable to third parties, such as Office of the Public Guardian fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Breakdown of costs:
Legal fees – £240.00
VAT on legal fees – £48.00
OPG Fee – £82.00 for each LPA
As part of our fixed fee, we will:
- Advise on the appropriate Lasting Power of Attorney to suit your circumstances and needs
- Ensure you understand the consequences of having an LPA in place and the impact of the same
- Complete the relevant form(s)
- Lodge the form(s) with the Office of the Public Guardian
- Inform you when the form(s) have been registered and securely send you the originals
Once we have completed and you have signed the relevant sections of the form(s), we will proceed to lodge these with the Office of the Public Guardian. Usually, the forms are returned registered within 12-14 weeks.