Don’t leave it to chance
If you cannot make decisions for yourself, you will need help managing your financial affairs but if you wish to choose who will help you, then you must do so formally before you lose your faculties, otherwise, your loved ones will have to make an application to the Court of Protection which can be very expensive.
A Lasting Power of Attorney (LPA) is a formal legal document in which you (the ‘donor’) nominate one or more trusted persons known as ‘attorneys’ to help you make decisions or make decisions on your behalf in order to look after your affairs if you lose capacity.
You can also appoint a substitute attorney in case the main person(s) you chose is unwilling or unable to act at the time you lose capacity.
More about Lasting Powers of Attorney (LPA’s)
An attorney can be anyone aged 18 or over, for example:
- Husband, wife, or partner
- Professional attorney (such as a solicitor)
In choosing the right person we would also suggest that you consider the following:
- Does the person look after their own finances well?
- How well do you know them & can you trust them to make a financial decision on your behalf
- Are they happy to accept the responsibility?
- Are they of a suitable age?
Many people mistakenly believe their relatives will simply be able to contact the bank to withdraw their money or other organisations to deal with their finances but this is simply not the case.
If there is no valid Power of Attorney in place before you lose capacity then your loved ones will have to apply to the court to get formal legal authorisation to help you which is a long and often costly process.
Lasting Power of Attorney FAQ's
- Do not worry about suddenly losing control of your finances of you make an LPA. With a Property and Financial Affairs LPA you can choose whether it should take effect immediately or only when you lose mental capacity.
- A Health and Welfare LPA only comes into play after you lose capacity.
- Your attorney is only permitted to make a choice if you are unable to make that decision at the time it needs to be made. There are guidelines for your attorney to follow.
- Stay in control of your money. Rather than losing control of your finances, having an LPA in place puts you firmly in control of your affairs. You decide exactly how much authority your chosen attorney can have and you can if you wish provide detailed guidelines and restrictions on what they can do.
There are two types of LPA’s and whilst we would recommend that you consider making both to offer maximum protection you do not have to. You may think one is more important than the other. The two types of LPA are:-
- Financial and Property Affairs; and
- Health and Welfare.
Property and Financial Affairs LPA
This LPA typically authorises your chosen attorney to pay your bills, deal with your bank accounts (and other investments), and buy and sell the property for you. This type of LPA can even be used whilst you still have capacity if you wish.
Health and Welfare LPA
You can only use this type of LPA when you have lost capacity and are unable to make decisions for yourself. It gives your trusted attorney the authority to make decisions about where you should live and what medical treatment you should receive.
Lasting Power of Attorney (LPA) fees: a price guide
At Freeman Jones Solicitors, we offer fixed priced Lasting Power of Attorney services.
Single person – Lasting Power of Attorney (Property and Financial Affairs or Health and Welfare) – £299 plus VAT*
Single person – Lasting Power of Attorney (Property and Financial Affairs and Health and Welfare) – £500 plus VAT*
Couple – Lasting Power of Attorney (Property and Financial Affairs or Health and Welfare) – £500 plus VAT*
Couple – Lasting Power of Attorney (Property and Financial Affairs and Health and Welfare) – £900 plus VAT*
*There is also an £82 government registration fee chargeable for each LPA.
In most cases our fee includes us acting as a professional certificate provider to confirm your mental capacity to make the Lasting Power of Attorney. If due to your age and any medical conditions, we feel that a medical practitioner would be more suitable to act as your certificate provider, then there may be an additional fee charged by the medical practitioner.
Speak to Freeman Jones Solicitors about Lasting Power of Attorney
Freeman Jones Solicitors are happy to offer you a free initial 30-minute appointment to discuss your LPA requirements and answer any further questions you may have.
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