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.
Common Misconceptions
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.
How much does a Power of Attorney Cost?
A Single LPA
- An additional LPA £200.00 plus VAT
Package Deal: Will & LPA
- Couples Wills and LPAs for £1,200 plus VAT
LPA for a Couple
- An additional LPA £300.00 plus VAT
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.
How to I get a Power of Attorney?
We will arrange for you to have a telephone or online communication platform 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*.
We’re preparing your LPA
Our solicitor will then prepare your LPA and send it to you in the post with clear guidance on how to sign it.
Your LPA is ready to sign
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.
You will need to sign your LPA
A certificate provider will need to sign your LPA after you. Often Attwells can do this for you
Your attorneys will need to sign your LPA
Once everyone has signed the document, your LPA is legally binding but will need to be registered with the OPG
* 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.
Why do I need a Lasting Power of Attorney (LPA)?
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 12 weeks, on average, for the OPG to register an LPA.
Who will write my LPA?
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