We provide Lasting Powers of Attorney as part of our estate planning services covering both financial decision making and decision making in respect of health and welfare. For additional details, please refer to the information provided below.
A Lasting Power of Attorney (‘LPA’) is a legal document that allows you to appoint one or more people to make decisions on your behalf. There are two types of LPA:
- Property & Financial Affairs
- Health & Welfare.
In order for your LPAs to be valid, they must be registered with the Office of the Public Guardian. There is a registration fee, payable to the court.
Property & Financial Affairs LPA
The Property & Financial LPA gives your attorney(s) authority to manage your finances and property, subject to any limitations you may state. These decisions include managing bank accounts, paying bills, selling or remortgaging property.
You have the choice as to whether your attorney(s) can act immediately once registered or only once you have lost mental capacity.
Health & Welfare LPA
The Health & Welfare LPA gives your attorney(s) authority to make decisions on your behalf in respect of medical care, where you live and daily living conditions, end of life care.
Unlike the Property & Financial Affairs LPA, your attorney(s) can only act once you have lost capacity.
Choosing your Attorney
When considering drawing up LPAs, you should choose someone that you trust, who will be able to make suitable decisions on your behalf. The person or persons that you choose need to be over the age of 18 and have the mental capacity to act. In respect of the Property & Financial Affairs LPA your Attorney must also not be bankrupt. They do not need to be a British citizen to act.
You should bear in mind that it is a considerable responsibility so if you wish to appoint a family member or friend, it would be sensible to ask them beforehand if they will act.
If you appoint more than one attorney, which we would normally recommend, then you will need to decide how you wish for them to act. They can act either “jointly”, “jointly and severally” or “jointly for some decisions, jointly and severally for others”.
Certificate Provider
It is necessary for a person to provide a certificate to confirm that you have your mental capacity and confirm that you understand and approve the contents. The certificate provider must be an independent person who has known you personally for at least 2 years or a professional with suitable qualifications and expertise.
FAQs - LPAs
For further details about our Wills, explore our FAQs below:
When should I think about making LPAs?
LPAs are not just a way to plan for the future, should you lose capacity, but can also assist in case of a sudden accident or illness that leaves you dependent on others. It is advisable to consider preparing both types of LPAs at anytime, not just at retirement age, to give you peace of mind.
How much is the registration fee?
The fee is currently £82 per document, payable to the Office of the Public Guardian.
What is the waiting time for the LPAs to be registered?
The waiting time is currently up to 16 weeks to be registered, on the basis that there are no mistakes
What happens if I do not have an LPA in place and lose capacity?
An application will need to be made to the Court of Protection for a deputyship. This will allow someone to deal with your affairs. This is a lengthy and costly process for family members and may not be granted.
If you would like to discuss drawing up LPAs, please get in touch using one of our online enquiry forms or calling us on 01684 216777 and our Private Client department will be more than happy to assist.
