What exactly is an LPA?
A Lasting Power of Attorney (LPA) is a legal document that sets out your wishes and allows you to choose:
- Who will make decisions / act for you (known as your attorneys)
- How your attorneys will make decisions (if they make them jointly or jointly in some situations and on their own in others)
- What decisions are made (you can specify preferences and instructions)
The two types of LPA’s
Property and finance LPA
This type of LPA gives your attorney(s) the ability to:
- Manage your bank and savings accounts
- Make or sell investments
- Pay your bills
- Buy or sell a property on your behalf
This LPA can be used either only if you lose capacity or as soon as it has been registered (but only with your consent). A property and finance LPA can be a useful way of someone dealing with finances on your behalf, for instance if you needed to go into hospital or went away on holiday.
Health and care LPA
This type of LPA gives your attorney(s) the ability to make decisions about:
- Your medical treatment including life sustaining treatment
- Where you live (moving into a care home)
- Day to day care (diet and daily routine)
A health and care LPA can only be used if you lose capacity.
Planning ahead with your LPA
Many people hold off making an LPA thinking it is a task for the future. Remember that mental capacity can be affected by unforeseen circumstances such as a car accident or illness and not only from a mental illness.
If you do not have an LPA and lost capacity then your loved ones will have to apply to the Court for a deputyship order to allow them to manage your property and finances on your behalf. This is more time consuming and more expensive then setting up your LPA in advance. Health and care deputyship orders are rarely granted.
6 steps to setting up your LPA
Step 1: Your initial appointment
You will make an appointment at our office to discuss what you would like in your LPA. The appointment generally takes around 30 minutes.
Step 2: Drafting your LPA
Once we know exactly what you would like in your LPA then we draft your documents and send them to you in the post.
Step 3: Amendments
You need to review your LPA then contact us with any amendments you may have. At this point we will arrange another appointment.
Step 4: Second appointment
This is your opportunity to go through your LPA at our office and ensure you are happy with the document. Once you have signed your LPA it will be witnessed and dated. In this appointment we will also arrange for the document to be signed by a certificate provider. The appointment generally takes around 30 minutes.
Step 5: Attorney signatures
We will arrange for your attorney(s) to sign the document(s) before we send the document(s) to the Office of Public Guardian (OPG) to be registered.
Step 6: Recorded delivery
Following registration we will send you the original document(s) via recorded delivery.
- Health and Welfare
- Discount available for multiple LPAs instructed simultaneously
|1 LPA||£450 plus VAT||(£540)|
|2 LPA's||£600 plus VAT||(£720)|
|4 LPA's||£900 plus VAT||(£1,080)|
Plus £82 registration fee to the Office of Public Guardian for each LPA.
In theory, you could have as many as you like but in practice, you would not normally have more than 4.
If you appoint more than one, you do have to say whether they are to act:
- Jointly – meaning that any decisions must be taken by all attorneys together.
- Jointly & Severally – meaning that each attorney can make a decision independently of the other.
If it is joint and several the Lasting Powers of Attorney will not end if an attorney can no longer act but it would do normally if the attorneys have to act jointly.
A Lasting Power of Attorney (LPA) is a legal document which allows a person to appoint someone they trust (the ‘Attorney’) to make decisions for them when they no longer have the mental capacity to make them themselves. An LPA has to be made while the person concerned (the ‘Donor’) still has the mental capacity to give their consent to handing over their affairs.
A lasting power of power can only become effective once it is registered with the Office of the Public Guardian.