Making a Lasting Power of Attorney or LPA allows you to authorise a trusted relative or friend to deal with your affairs on your behalf, should you ever become unable to manage them yourself. In this article we explore what a Lasting Power of Attorney will do for you, and the Lasting Power of Attorney Fees.
At Lockings Solicitors, we offer a free, no-obligation initial chat so that you can ask us any questions you may have about putting a Lasting Power of Attorney in place. We charge a fixed fee with no hidden extras for our LPA service, meaning you will know from the outset how much the cost will be.
Our Wills and Probate team have extensive experience in dealing with sensitive issues such as Lasting Powers of Attorney and mental capacity. This includes a strong understanding of matters affecting older clients.
Associate Director Joanne Liversidge has particular expertise in this area of law. She is a member of Solicitors for the Elderly, a nationwide network of solicitors specialising in legal affairs for the elderly. She is also a Dementia Friend, which means she has in-depth knowledge of the condition and how to deal with legal matters for those affected and their families.
As well as conducting more complex matters personally, Joanne supervises a team of expert solicitors and paralegals who are all down-to-earth, approachable individuals who take the time to understand and achieve your needs.
Having a Lasting Power of Attorney in place means that if you ever needed someone to make decisions on your behalf, they could step in to do this. For example, if you were ill, they would be able to carry out tasks such as paying your bills, arranging for home maintenance and collecting your benefits for you.
This could be on a temporary basis until you were well enough to manage your own affairs again or, if needed, for the long-term.
There are two sorts of Lasting Power of Attorney:
You can make either or both types of LPA if you wish. If you make both types of LPA, you can choose different attorneys for each or the same attorneys. You may find it easier to have the same attorney for all of your affairs, but if you would like to discuss the pros and cons of this, we would be happy to talk it through with you.
A property and financial affairs LPA gives your attorney a range of powers relating to money matters, including the authority to:
If you make a property and financial affairs LPA, you can choose to allow your attorney to use it straightaway while you still have mental capacity if you wish. Alternatively, you can reserve it to be used in the event that you become unable to manage your own affairs.
A health and welfare LPA allows your attorney to make decisions relating to your personal care, including the authority to:
A health and welfare LPA can only be used by your attorney if you become unable to make your own decisions.
If someone loses the ability to manage their own affairs but they do not have a Lasting Power of Attorney in place, their relatives will not be authorised to take actions on their behalf. This means that no-one will be able to make arrangements, pay bills or agree to a care package for them.
Even if the person needing help is married, their spouse will not have the authority to deal with matters for them unless there is a Lasting Power of Attorney giving legal consent.
To enable a family member to deal with matters, an application would need to be made to the Court of Protection for a deputyship order. This type of order gives the deputy legal authority to manage the patient’s affairs. Again, it is possible to request either a property and financial affairs deputyship order or a personal welfare deputyship order.
The drawback to a deputyship order is that the application is not as simple as that to register a Lasting Power of Attorney and it will take substantially longer. While you are waiting for it to be processed, no-one will be able to make decisions for your relative, which could lead to difficulties.
The application fee is also more than four times more expensive, plus the legal work beforehand is also likely to be more costly. There is more ongoing supervision of deputies than attorneys and deputies are also required to pay an annual fee for this supervision.
For these reasons, we always strongly recommend that everyone makes a Lasting Power of Attorney while they are able to.
After a Lasting Power of Attorney has been signed, it can be registered straightaway at the Office of the Public Guardian. This is generally recommended so that it is ready to use, should it ever be needed.
The OPG charges a fee (currently £82) to register it. If the person making the LPA is in receipt of certain means-tested benefits, they will be exempt from paying the fee. If their income before tax is below £12,000 a year, they will only have to pay half of the fee.
At Lockings Solicitors, we provide a fixed-fee service for preparing standard Lasting Powers of Attorney so that you will know exactly how much it will cost from the outset.
We can draft a Lasting Power of Attorney on your behalf in respect of property and financial affairs and/or health and welfare.
We can tailor these as required so that your attorney has the authority you want them to have.
Our LPA solicitors are experts in explaining how the whole process works and will walk you through the procedure step by step, ensuring that you are happy with the situation. We can discuss the options open to you in respect of registering the LPA and also how to choose the right attorney to represent you.
We have particular expertise in dealing with older clients as well as experience in representing those with dementia. It may be possible for someone in the earlier stages of dementia to make a Lasting Power of Attorney, provided they are able to understand the nature of the document and the implications of signing.
If your relative has dementia, we can take steps to ensure that there is evidence in place confirming that they have the mental capacity to sign an LPA.
If you would like to discuss making and/or registering a Lasting Power of Attorney, we will be happy to help you.
You can ring us for a FREE initial chat on 01482 300 200, email us at email@example.com or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and deal with Lasting Powers of Attorney in East Yorkshire and beyond.
If you are a customer of Lockings Solicitors and we have contracted with you online you may be entitled to use the EU Online Dispute Resolution (ODR) Platform to assist in resolving any dispute with us. This service can be found at https://ec.europa.eu/odr.
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