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Lasting Powers of Attorney
Lasting Powers of Attorney (LPAs) are legal documents that allow you (the donor) to appoint one or more trusted individuals (known as attorneys) to make decisions on your behalf should you become unable to make decisions for yourself due to physical or mental incapacity.
If you lack capacity, this means you’re unable to understand information, retain it, use or weigh that information, and communicate decisions based on that information. Incapacity may be a permanent or short-term state – you may also experience fluctuating capacity whereby your ability to make decisions changes frequently or occasionally.
Creating an LPA is an important step in ensuring that your wishes are respected and that you have someone you trust handling your affairs.
There are two types of LPAs, one dealing with property and financial matters, the other with health and welfare matters. They can be made at the same time or separately.
LPA for property & financial affairs
This allows you to choose people to manage your financial matters according to your specified instructions. They will have the authority to handle tasks such as paying your bills, managing your income, buying or selling property, as well as managing your bank accounts and investments.
The LPA needs to be registered with the Office of the Public Guardian (OPG) before it can used, and it’s recommended that this is done whilst you retain capacity given the long waiting times to register LPAs. Once registered, you can continue to manage your own affairs for as long as you wish, but your attorneys can also carry out tasks on your behalf whilst you retain capacity.
LPAs for property & financial affairs replaced Enduring Powers of Attorney (EPAs) from 1st October 2007, although any EPAs made before that date are still effective. EPAs can be used before you lose mental capacity, however should you lose mental capacity your Attorney(s) must register the document with the OPG before they can continue to use it.
I therefore recommend replacing an EPA with a LPA for property & financial affairs whilst you have the capacity to do so.
LPA for health & welfare
This type of LPA allows you to choose people to make decisions regarding your healthcare, medical treatment, and daily welfare, including decisions about where you live, what you eat, and the kind of medical treatment you receive. It would also cover day to day matters such as your diet and daily routine.
Whilst the format of the LPA is very similar to that of the property and financial affairs LPA, the operation is quite different. Unlike the property and financial affairs LPA, which can be used by your attorneys as soon as it has been registered with the Office of the Public Guardian if you retain capacity, your attorneys can only act under the health and welfare LPA when you lack the capacity to make the decision in question. You may have the capacity to make some decisions about your health and welfare but not others.
Lasting Power of Attorney (LPA)
You are also responsible for the fee which is payable to the Office of the Public Guardian to register each LPA. This fee is dependant upon income and is either £46 or £92 for each document. (for example for a single person making LPAs for Property & Financial Affairs and Health and Welfare paying the higher fee, your bill would be £400 + £80 VAT + OPG fees of £92 x 2 = £664
My fee also includes storage of the original documents and one copy certified as true copies of the original which I will provide for you upon receipt of the document following registration. Any additional copies can by provided at a cost of £36 (inc VAT) per certified copy
| Single Will | (ex VAT) | (inc VAT) |
|---|---|---|
| LPA Property & Financial Affairs or Health & Welfare | £400 | £480* |
| LPA Property & Financial Affairs AND Health & Welfare | £400 | £480* |
| Mirror Will | (ex VAT) | (inc VAT) |
|---|---|---|
| LPA Property & Financial Affairs or Health & Welfare | £600 | £720* |
| LPA Property & Financial Affairs AND Health & Welfare | £600 | £720* |
Power of Attorney
| Single Will | (ex VAT) | (inc VAT) |
|---|---|---|
| General Power of Attorney | £150 | £180 |
| Single Will | (ex VAT) | (inc VAT) |
|---|---|---|
| General Power of Attorney | £250 | £300 |
Grant Applications
**Any defective documents requiring rectification at the Probate Registry, any taxable estates or estates which are out of the ordinary will be charged at £250 per hour. A cost estimate will be given before the work is started. In an estate with no will in place further costs may be necessary to search for a Will (carried out through Certainty)
***You are also responsible for the fee payable to the Probate Registry of £300 plus £16 per additional copy
| (ex VAT) | (inc VAT) | |
|---|---|---|
| Basic Grant of Probate Application** | £600 | £720* |
| Basic Letters of Administration Application** | £600 | £720* |
Estate Administration
If we are instructed to administer an estate I charge at an hourly rate of £200 + £40 VAT (£240 inc VAT) per hour and 1% of the gross estate. An estimate of likely cost will be given before any fees are incurred.