Advice on Lasting Power of Attorney
A common misconception is that a Lasting Power of Attorney is only for the elderly or the less infirm. However, nobody knows if or when they won’t have the capacity to make decisions for themselves in the future. A car accident, for example, is enough to place a previously young and abled body into a coma or suffer with severe mental health problems as a result.
The Lasting Power of Attorney (“LPA”) forms replaced Enduring Powers of Attorney on 1st October 2007 when the Mental Capacity Act 2005 came in to force. LPA’s now provide greater flexibility for you (the ‘donor’) to appoint chosen people, called attorneys, to act on your behalf and in your best interest should you lack the mental capacity to make decisions for yourself. Having these forms in place can not only prevent unnecessary interference from The Court of Protection but it can prevent your bank or building society from freezing your account, even if it is held jointly with someone else, should you lose mental capacity in the future.
There are two types of forms available to each donor:
- LPA for Property & Financial Affairs decisions
- LPA for Health & Welfare decisions
Wendy’s recommendation is for a donor to create both forms should you wish to give your appointed attorney(s) the power to make decisions on both matters.
In some cases it may be a concerned relative who prompts a donor into making a Lasting Power of Attorney. Rest assured that instructions can only come from the donor without any undue influence by another party.
For an individual:
Property & Finance LPA: £425 (no VAT)
Health & Welfare LPA: £425 (no VAT)
Property & Finance LPA and Health & Welfare LPA: £575 (no VAT)
For a couple:
Property & Finance LPAs only: £725 (no VAT)
Health & Welfare LPAs only: £725 (no VAT)
Property & Finance LPAs and Health & Welfare LPAs: £925 (no VAT)
A 10% discount applies to clients who have prepared their will(s) with The Surrey Wills Company.
All fees above include an initial meeting, legal advice, drafting and overseeing execution, acting as Certificate Provider (depending on circumstances, assessed during initial meeting) and the handling of registration. The above fees exclude the registration fees and independent capacity assessments where necessary. A small administration fee will apply where LPAs need to be sent to attorneys for signature, if they cannot visit the office, and for home visits.
*Fees are correct as of May 2021 and may be subject to change at anytime.
The Office of the Public Guardian charge a fee to register each document. This is currently £82^ per LPA document, as of 1st April 2017. These fees are paid directly to the Office of the Public Guardian. ^In certain circumstances you may be applicable to a 50% remission or exemption which shall be assessed during the initial meeting.