Lasting Power of Attorney (LPA)
WHY have a Lasting Power of Attorney-LPA ?
Don’t be fooled it’s not just the elderly that need to give this very careful consideration, everyone is at risk and anyone can lack mental capacity because of an illness, injury or condition, such as a car accident, stroke or dementia. Some people will HOPE not to get a curve ball thrown at them in life, the savvy will proactively plan and inevitably minimise the fallout with professional advice. Capacity to make decisions may vary from person to person some things will be more severe than others, and their capacity for decisions may change day to day. If you are a carer for a partner, your parents or have children then this is a must provision as this could leave them at risk, without guidance and financially burdened and the law may decide whats best along with expensive legal fees and legal action. This is executed when one is living not to be confused with a Will which can only be executed on one's death. We recommend you choose to appoint reserve attorneys' in case your appointed attorneys' die or otherwise cannot act for you.
WE visit you at home to fully complete your LPA application for a fixed fee no matter how long it takes, the process listed below includes the registration fee wavier eligibility. Our fee for this complete process is comparatively 30% less than most solicitors without compromising our high standard of service. (Registration fees not included). Rest assured we carry indemnity insurance for your added protection if we are found negligent. Comparatively a very small price to pay if you choose to get this peace of mind for you and your family's well-being.
Charges vary between solicitors, depending on their experience, and hourly rate, also depend on your circumstances and how much advice or help is needed. Typically internet searches revealed £300 plus vat to more than £1000 plus vat.
Lasting Power of Attorney are 2 instruments and the registration fee currently is £82.00 each (£164.00 in total) per person. Some people may be eligible for a wavier due to financial circumstances and pay reduced or no fee.
Three parts of an LPA need completing. Part A is for the person who is making the LPA (Donor) then the certificate provider has to fill in Part B and all attorneys and replacement attorneys must complete the Part C form.
It is vitally that these parts are without a single error as it will cause your LPA applications to be rejected and fees will be lost and the whole thing has to be redone and fees paid again!
Yes you can do it yourself and save some legal fees, but you need to check registration fees which may apply. Just copy & paste the link below into your browser
http://www.justice.gov.uk/forms/opg/lasting-power-of-attorney
The LPA has two sections, each is completely separate. Each document comes with approximately 40 pages of guidance notes. The LPA can only come into force when a person (know as the Donor) lacks the capacity to make these decisions for themselves.
The Property Financial Affairs document handles your property, bank accounts & possessions.
The Health and Welfare document handles health and social care concerns.
(i) Property and Financial Affairs LPA
A Financial affairs LPA is a legal document that allows a person (known as a Donor) to choose someone they trust (known as an Attorney) to make decisions about financial affairs on their behalf. It allows for paying their bills and dealing with their income and collecting any state benefits or selling their house at a time in the future when they might not have the capacity to do so themselves.
(ii) Health and Welfare LPA
A Personal Welfare LPA is a legal document that allows a person (known as a Donor) to choose someone they trust (known as an Attorney) to make decisions on their behalf about their personal welfare. This can include deciding where someone lives or what medical care they receive or in refusing life-sustaining treatment.
Your Attorney(s) must over 18 years of age and not be bankrupt when they sign the LPA form. Please note that if your Attorney(s) become bankrupt in the future, this could result in the LPA being cancelled if it has been registered with the Office of the Public Guardian (‘the OPG’).
An LPA can only be used once registered with the OPG. The LPA may contain restrictions and/or conditions that place limits on the decisions your Attorney can take, for example they may only be allowed to make decisions about where the Donor lives. They must adhere to these restrictions and conditions. The Donor can appoint the same Attorneys for both LPAs.
At evermore-fs, our consultants ensure that the LPA is correctly drawn up to reflect adequate protection for individual circumstances. Some people may also be eligible to have the registration fees waivered.
No Lasting Power Of Attorney LPA ?
You can't stop the court of protection taking over all of your affairs - who will appoint a deputy who may seize your home and all other assets (including bank accounts, investments etc) in order to pay for care costs, leaving you with a reduced or without a legacy.
Your loved ones cannot decide to withhold treatment, even if this means that you will die, if this would be in your best interests, for example, if the treatment is burdensome or is not having any effect.
Your family’s application may be rejected by court and instead appoint a Deputy (a local solicitor). This is not free, the Deputy will deduct all professional fees, court fees as well as expenses, from the estate which will deplete any future inheritance.
You cannot decide to restrict the decisions the deputy can make on your behalf without court appeal.(more lengthy and expensive option).
You cannot decide where you live and whether or not you go into care, and if it is unavoidable, the court of protection will decide your care plan, not your family who may know your preference
By planning ahead, you can grant an LPA whilst you are of sound mind just in case the need arises. It could be viewed a little like an insurance policy, if it is not needed, all the better. If it is needed the Attorney will deal with your affairs at the point when you are no longer capable. Without an LPA the only alternative is Deputyship, a more expensive, complicated route through the courts which can be a lengthy drawn out process that may cause distress and financial hardship to you and family members.