Lasting Power of Attorney

Lasting Power of Attorney (“LPA”) and related matters

There are two types of LPA, one for Property and Financial Affairs and one for Health and Welfare. You need to consider who to appoint as your Attorney or Attorneys and it is recommended that you choose someone who you can not only trust but who can also keep accounts and your affairs separate from his or her own. You also need to consider who to appoint in substitution in the event of your first appointed Attorney predeceasing you or being unable or unwilling to act.

Property & Financial Affairs LPA
This enables your Attorney to access your accounts and to sell your property and other investments but he or she should not do anything without first consulting you and considering what is in your best interests.

Health & Welfare LPA
This enables your Attorney to make decisions on where you should live and to consult with medical advisers on your health issues including life sustaining treatment and end of life care.

A single LPA £350 plus v.a.t
LPA for a couple where each is prepared in a similar format £300 plus v.a.t each
LPA with a more complicated structure such directions to Attorneys £400 per hour plus v.a.t each
Office of the Public Guardian fee on registration of each LPA £82 each

Advance Decision
An Advance Decision (or Living Will) enables you to advise your physicians how you wish to be treated in the event of you needing life sustaining treatment and end of life care and can be used either instead of or in addition to an LPA for Health & Welfare.

A single Advance Decision £150 plus v.a.t
Advance Decisions for a couple where each is prepared in a similar format £200 plus v.a.t each

Who to appoint
You could appoint your spouse but on death or mental capacity of one of you the spouse not so affected, will be without an Attorney. Other alternatives are as follows:

  1. Appoint in addition to each other, a Replacement Attorney. The Replacement Attorney could inform the Court that he or she is required to act, if necessary.
  2. Appoint more than one attorney. If you do so, then you need to consider whether your Attorneys are to act jointly and severally (severally means independently of each other) in all matters.
  3. Appoint Attorneys to act jointly in the sale of land and investments and jointly and severally in all other matters. If one Attorney predeceases you or becomes mentally incapable, then the LPA is ineffective.
  4. Appoint two Attorneys to act jointly in all matters. If one Attorney predeceases you or becomes mentally incapable, then the LPA is ineffective.
  5. Appoint two Attorneys to act jointly and two Replacement Attorneys to act jointly If one of the first two appointed Attorneys is unable or unwilling to act then you can include a request that one or more of the Replacement Attorneys act jointly with the first appointed attorney.
  6. Appoint your spouse and one or more Attorneys all of whom could be appointed to act jointly and severally with a request that in addition to liaising with you, they liaise with one another prior to making any decisions and to keep proper accounts.

You should not use any of the above options or appoint Attorneys jointly and severally, unless you trust implicitly the person or persons you wish to appoint

Office of the Public Guardian
It is possible to prepare an LPA directly on the website of the Office of the Public Guardian. Whilst I recommend that you take this firm’s advice, you may wish to attempt to prepare the document yourself to understand the process as during preparation, the website provides helpful guidance.
https://www.lastingpowerofattorney.service.gov.uk/home

Enduring Powers of Attorney
Whilst making an Enduring Power of Attorney is no longer possible, we will be pleased to provide an estimate of costs for registering at the Office of the Public Guardian an Enduring Power of Attorney when the Donor is mentally incapable.

Deputyship for person with mental incapacity
We will be pleased to provide an estimate of costs and assist with an application for appointment as Deputy for a person who has mental incapacity and unable to make a Lasting Power of Attorney.

Next steps
Contact us here for an appointment

Click here for more information from The Law Society.