A Lasting Power of Attorney (LPA) is a formal legal arrangement that enables you to nominate a trusted individual to make decisions for you in the future, should you become unable to do so yourself. This authority can cover financial matters and, if required, decisions relating to your personal welfare.
Changes to Enduring Powers of Attorney
Enduring Powers of Attorney (EPAs) were phased out on 1st October 2007 and replaced by Lasting Powers of Attorney (LPAs). While both documents allow another person to act on your behalf, LPAs were introduced to provide broader protection and modern safeguards. Like the former EPA, an LPA continues to operate even after mental capacity is lost.
Existing Enduring Powers of Attorney
If you already have an Enduring Power of Attorney that was correctly completed before 1st October 2007, it remains legally valid and does not need to be replaced.
Key Differences Between EPAs and LPAs
An EPA was limited to decisions concerning finances and property. In contrast, an LPA can also include authority over health and personal welfare matters, allowing your appointed attorney to act more comprehensively if needed.
Registration and Safeguards
For an LPA to be used, it must be registered with the Court of Protection, commonly known as the Office of the Public Guardian. As part of this process, a certificate provider must confirm that you understand the document you are signing and that you are acting of your own free will. This confirmation is submitted as part of the registration application.
You do not need to attend court in person. Your solicitor can manage the entire process for you, with your involvement limited to signing the necessary documentation.
Why Arranging an LPA Early Makes Sense
Even if you are currently able to manage your affairs independently, putting an LPA in place now can prevent difficulties later. It is particularly advisable for individuals who may be affected by progressive conditions such as dementia or Alzheimer’s disease, as completing the paperwork becomes more challenging once capacity declines.
If no LPA is in place and you later become unable to communicate your wishes, your family may need to apply for legal authority through the courts. This can be a lengthy and costly process, often involving medical evidence and court fees, adding further strain during an already difficult time.
Costs and Fees
There are two elements to the overall cost. Each LPA must be registered with the Office of the Public Guardian at a fee of £82. In certain circumstances, a reduction or exemption may be available.
Funnell & Perring Solicitors charge £400 plus VAT for a single LPA or £550 plus VAT for two. Our fee includes advice tailored to your situation, preparation of all documentation, careful completion to avoid delays, and handling all correspondence with the Office of the Public Guardian.
Next Steps
If you would like advice or wish to proceed with arranging a Lasting Power of Attorney, please contact Funnell & Perring Solicitors on 01424 426287 or email law@funnellperring.co.uk.
FAQ’s
Who should I choose to act as my attorney under a Lasting Power of Attorney?
You should choose someone you trust to act carefully and in your best interests if you cannot make decisions yourself. This may be a family member, close friend, or professional. We can explain the responsibilities involved so you can make a considered choice.
Can I make a Lasting Power of Attorney if I have been diagnosed with dementia?
A dementia diagnosis does not automatically prevent someone from making a Lasting Power of Attorney. The key issue is whether they still have the mental capacity to understand the document and its effect. We can advise on this and help complete the process correctly.
What happens if I lose capacity without a Lasting Power of Attorney in place?
If there is no Lasting Power of Attorney and you later lose capacity, your family may need to apply to the Court of Protection for authority to act. This can take longer, cost more, and involve extra evidence, so arranging an LPA early can make matters easier.
Can my attorney deal with my bank, bills, and property?
A property and financial affairs Lasting Power of Attorney can allow your attorney to deal with matters such as bank accounts, bills, pensions, and property, depending on the authority given. The document must be prepared and registered properly before it can be used.
