Lasting Power of Attorney2022-03-31T15:44:17+00:00

Lasting Power of Attorney Lawyers

Protecting your family members is at the core of our private client services.

A lasting power of attorney (LPA) or Court of Protection can be required at any stage of life and for numerous reasons. Typically, however, an LPA as it’s commonly known is required when a person needs care or additional support.

It is a common misconception that your next of kin can make certain decisions for you if you are not able to, especially in respect of your health and wellbeing.

The reality is that you must formally give the power to another person to make decisions for you, even if that person is your spouse or civil partner.

Historically, these powers were granted in an Enduring Power of Attorney (EPA), and these can still be valid today. However, more recently, a LPA is used, and this is what we discuss here.

What is a Lasting Power of Attorney (LPA)?

There are two types of LPAs. One will deal with finances and property and the other deals with health and welfare.

  • Finances and property – If elected to do so, this can be used even if you have mental capacity. This is often useful for someone who is physically unable to get to the bank or sign documents for the sale of their property etc.

  • Health and welfare – This can only be used when someone has lost the capacity to make decisions for themselves. This will deal with where someone lives, what they eat, or how they are looked after and can also give permission to someone to make life-sustaining decisions – this is optional.

It is important to know what someone can do for another person either with or without an LPA whether you are the donor (the person who needs help), the attorney (the person who can make decisions), or the third party who needs to rely on the LPA.

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Attwells are conveyancing solicitors

How long does a Power of Attorney take?

It will take us 1 week from your first appointment to prepare your documents.  Once you are happy with the drafts, we will ask you to make a second appointment at your convenience to come in and sign the LPA. Please note that all people you are appointing as attorneys will also need to sign the LPA.

If they are not able to attend the office with you, we will send you home with the LPA signed by you with instructions for your attorneys on their signing.  Once we have the LPA back signed by all parties, we will send the LPA off to the Office of the Public Guardian (OPG) to register.  It is currently taking 6 weeks, on average, for the OPG to register an LPA.

Can I complete a Power of Attorney remotely?

Preparing a Power of Attorney remotely enables you to give power to another person to make choices on your behalf as if they were you. These decisions could be regarding your finances, health, and welfare.

  • We will arrange for you to have a telephone or Skype meeting with one of our Private Client solicitors, prior to which your payment would be required, and you would also need to send us a copy of your ID. During the telephone or Skype meeting, we will discuss with you the best course of action*.

  • Our solicitor will then prepare your LPA and send it to you in the post with clear guidance on how to sign it. Part of our guidance would include requiring a person who has known you for over 2 years to confirm you have the capacity to sign.

  • Once your LPA is signed, it is then a legally binding document.

* There may be occasions when, unfortunately, we have to question capacity or if an LPA is being made under duress. In these rare circumstances, a phone interview may not be appropriate.

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How much does a Power of Attorney Cost?

Fees will be payable on producing the documents for you to sign.  If you decide to withdraw instructions part way through the work we are undertaking for you, a proportionate part of the fee will be payable.  This will be limited to the amount of the deposit that we will ask for upfront.

What is included in the price:

  • A Lasting Power of Attorney (LPA) for one person for either Health and Welfare or Property and Financial affairs
  • The Second LPA can be added for £75 + VAT
  • Meetings at your local office to take instructions and sign the documents
  • Registration of your LPA
  • Storage in our secure vault (if required)

What is excluded from the price:

  • Home/hospital/care home visits
  • Issues relating to capacity
  • Tax advice
  • Advice on benefits
  • Legal advice outside of the service requested

Disbursements:

£82 per document registered with the Office of the Public Guardian. However, people on low incomes or on certain benefits may qualify for reductions or a complete waiver of this cost. Also, you may wish to carry out a bankruptcy search, an optional cost of £20 + VAT. Disbursements are payable before we incur the cost.

Court of Protection

If your loved one has already lost capacity, they, therefore, cannot make decisions for themselves. This means they will be unable to agree to a Power of Attorney. In these cases, our lawyers will always recommend a Court of Protection.

Find out more

Personal Law Articles

We have taken the time to explain different parts of the legal process and to offer practical advice.  A lot of our articles have been written based on the personal experience of our solicitors, support staff, and clients. We hope you find the information useful.

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