A Lasting Power of Attorney is an important document for use in your lifetime. All adults should consider making an LPA. It is never too early but it may be too late. You need to have mental capacity to be able to make an LPA. You are giving someone who cares about you the ability to make decisions for you in the event that you are no longer able to do so. Many people believe that this is only a document for older people but this is not the case. Brain injuries, strokes and accidents happen at all ages. We hope that nobody will ever need to use your LPA but we want to ensure that if they do , you have one!
What options are available?
There are two Lasting Powers of Attorney documents available to you:
Property & Finance covers all affairs concerning your property(ies) and your finances. For example it can be used if your loved one needs to:
access your bank accounts (including opening, closing and using the accounts)
make or sell investments that you have
claim, receive and manage your pension
claim, receive and manage any state benefits that you have
pay any of your bills or other expenses
sell your house, or even buy another house in your name (for example as an investment)
Health & Welfare allows your attorneys to make decisions relating to your personal welfare and healthcare when you can't make decisions for yourself. For example it can be used if your loved ones need to:
make decisions about your daily routine (washing, dressing, eating)
make decisions about medical care
choose an appropriate care home for you and your needs
make decisions about life-sustaining medical treatment
This LPA can only be used if you are unable to make these decisions for yourself.
These two LPAs are far more flexible than the old Enduring Power of Attorney (EPA) documents. Please contact us to discuss how a Lasting Power of Attorney can be of benefit to you, or to find out what extra benefits a Lasting Powers of Attorney can provide over an EPA.
What happens if I haven’t got an LPA?
If you lose mental capacity and have NOT made an LPA, the only option for your relatives is to apply to the Court of Protection.
This is a costly, time consuming and fairly unpleasant procedure. It also does not guarantee that your relatives will be the ones that the court appoints to make decisions for you. The person who is appointed is called a Deputy and before a court will appoint a Deputy they will check into the applicants personal information, their finances and the relationship with the person they will be looking after. Even when a Deputy is appointed they will need to submit annual accounts to the Court and have periodical visits from a Court Visitor.
It’s likely to take up to a year and cost £3,000-£4,500 with additional annual fees as well! Acting now is a fraction of the cost and virtually hassle free. Just call us today to make an appointment.
People involved in your LPAs
Before making an LPA you will need to decide who you want to make decisions on your behalf. Someone who will act on your behalf is called an attorney. You can choose two levels of attorney. Your main attorney(s) and replacement attorneys. For a married couple most people choose their spouse to be their main attorney. Often people will then choose their children as replacement attorneys. Replacement attorneys act when the main attorney is no longer able to act as an attorney.
Of course not all people are married and not everyone has children so your attorneys and replacement attorneys can be anyone that you choose who you feel will carry out your wishes. Your attorney could be any family member, a friend or someone else that you trust to act on your behalf. The person that you choose as an attorney must be at least 18 years old.
How much does it cost to make an LPA?
One LPA £295 + vat
Both LPAs for one person £395 + vat
Both LPAs for a couple £700 + vat
There is also a charge for registering the LPAs that is made payable to the Office of the Public Guardian. This charge is £82 per LPA i.e. £82 for Health and Welfare and £82 for Property and Finance. Reductions are available where the person making the LPA earns less than £12 000 per annum. You must provide proof of earnings to be able to claim this discount.
We also offer packages that give greater savings when Wills and LPAs are purchased together. Please ask for further details.
Please contact me about making a Lasting Power of Attorney for
Or contact us directly on
01978 761 483 Monday - Friday 9am - 6pm Saturday 9am - 4pm
Answering service available when we are with other clients
If you need to talk to us outside of these hours call 07979 697231