Why do you need a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals to make decisions on your behalf if you lose the mental capacity in the future, for example due to illness or injury.
An LPA is an important safeguard. It ensures that decisions about your health, welfare, property and finances are made by people you trust and in accordance with your wishes.
Loss of capacity can occur unexpectedly at any age, so putting an LPA in place in advance provides reassurance. If you anticipate your health may deteriorate soon, it is especially important to make preparations ahead of time.
What are the different types of LPAs?
There are two different types of LPAs which deal with different areas of your life:
- The Property and Financial Affairs LPA (Financial LPA): allows your attorneys to make decisions about your property and finances, such as managing your bank accounts, paying your bills, and buying or selling your properties.
- The Health and Welfare LPA (Health LPA): allows your attorneys to make decisions about your personal welfare, such as your day-to-day care, living arrangements, and medical treatments.
You can choose to make only one type of LPA or both types, depending on your circumstances and preferences.
Who are your attorneys?
Your attorneys are the individuals who you appoint to make decisions on your behalf regarding your health or finances, depending on the type of LPA. They should be individuals who you trust to act in your best interests and who know you well. It is also important to consider their ability to manage and organise your affairs.
Your attorneys do not need to be professionals, especially for the Health LPA. Attorneys must be 18 years or above. They must not be on the barred list of the Disclosure and Barring Service
(DBS) unless they are a family member and not charging a fee. For the Financial LPA, they must not be bankrupt or under a debt relief order.
We generally recommend appointing at least two attorneys, or appointing replacement attorneys in case your original choice is unable to act. There is no maximum number of attorneys you can appoint, but appointing too many attorneys may make decision-making more difficult.
What is a certificate provider?
A certificate provider is an independent person whose role is to ensure that:
- You have sufficient mental capacity to make the LPA;
- You understand what an LPA is and what its effects are; and
- You are not being pressured or unduly influenced.
We can act as your certificate provider, but where there are concerns about your mental capacity, we may advise you to obtain a formal capacity assessment from a medical professional.
When does the LPA come into effect?
An LPA usually can only be used after you have lost mental capacity, meaning that you are unable to understand or communicate your decisions. This can occur due to a variety of health conditions such as dementia.
You can specify that a Financial LPA can be used immediately after it has been registered. Your attorneys will be able to act on your behalf with your permission while you still have capacity. This can be helpful if you need assistance with managing your affairs due to being abroad or ill.
What are the contents of an LPA?
In an LPA, you will appoint one or more attorneys, and you can also choose replacement attorneys. You will choose whether you want them to work together or act independently.
You can also include preferences or instructions to guide your attorneys. For example, in the Health LPA, you can set out dietary preferences or religious practices you would like to follow. In the Financial LPA, you can set out whether your home should be sold or how your money should be invested.
In your Health LPA, you will also decide whether to give your attorneys authority to make decisions regarding life-sustaining treatment for you.
What is the process for making an LPA?
- Consultation: We will have an initial consultation with you to provide basic information and ensure you understand what an LPA is.
- Selection: Next, you will choose who to appoint as your attorneys and the other contents of the LPA.
- Drafting: We will prepare the documentation to give effect to your wishes and ensure they meet the requirements of the Office of the Public Guardian (OPG).
- Certification: We will act as the certificate provider to confirm your understanding and capacity.
- Signing: The document must be signed by you, your attorneys, and us as your certificate provider. The signatures must be done in a particular order. Physical wet-ink signatures are required, so postage or travel may be necessary. A witness is also required for each signature; if you attend our office, we can act as your witness.
- Registration: We will submit the LPA to the OPG for registration, which typically takes 12-16 weeks, after which we will confirm the registration with you.
How much do you charge for an LPA?
Our standard fees are as follows:
- One LPA – £750 plus VAT
- Two LPAs (one person making both types) – £1,050 plus VAT
- Four LPAs (a couple making both types at the same time) – £1,680 plus VAT
Please note that additional charges may apply for more complex instructions depending on your specific circumstances.
There is also a registration fee of £92 per LPA payable to the Office of the Public Guardian. For two LPAs, the fee will be £184, and for four LPAs, the fee will be £368.
Have questions? Get in touch today!
Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.
Email us on [email protected].
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