A solicitor explains via video what is a lasting power of attorney to a couple as they sign

What is a lasting power of attorney?

A lasting power of attorney, often abbreviated to ‘LPA’, is a legal arrangement whereby you appoint one or more people as attorneys to make decisions for you should you lose the ability to do so (known as ‘lacking mental capacity’).

Usually, people appoint friends or family to act as their attorneys, but you can also appoint a ‘Trust Corporation’ to make the decision for you.

LPAs are broken down into two types:

  1. Health and Welfare – this type of LPA deals with the appointment of attorneys to make decisions for you about day-to-day matters, your health care & where you live.
  2. Property and Financial Affairs - this type of LPA appoints people to make decisions on your behalf about things like banking, investments, settling bills and whether to sell (or buy) assets, including your home.

Our service includes both types of LPA as we feel it is prudent to put both forms of LPA in place.  Remember that each type of LPA is an LPA in its own right and so you’ll have to pay the registration fee (see below) twice if you create both a Health and Welfare LPA and a Property and Financial Affairs LPA.  

You do not have to appoint the same attorneys under both LPAs, but most people do.

Creating an LPA ensures that your wishes are respected and provides clarity and legal authority to your attorneys, helping to avoid disputes and complications if you become unable to make decisions for yourself.

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How to get a power of attorney

Creating your LPA involves quite a few steps to ensure that the document is legally valid and reflects your wishes. It also involves quite a few people who all have their own roles, some active, some passive.  Here is a (very) high level guide to what is involved:

Choose Your Attorneys (and replacements)

The first thing to do is have a think about who should be your attorneys.  You can appoint more than one person; put in place replacements in case one or more of your attorneys can no longer act as your attorney; and decide how they should make decisions.

Pick the type of LPA

As already mentioned, you can create a Health and Property LPA, a Property and Financial Affairs LPA or both.  We recommend putting in place both.

As already mentioned, you can create a Health and Property LPA, a Property and Financial Affairs LPA or both.  We recommend putting in place both.

You can complete the forms yourself.

However, we recommend you seek legal advice and seriously consider having a solicitor prepare your forms for you.

Legal advice will help you get the full benefit from your LPA.  For example our service includes helping you adopt properly considered ‘Preferences and Instructions’ and also appoint replacement attorney to mitigate against the risk that you LPA might end prematurely.

In the short term, the involvement of a solicitor will also help you avoid costly mistakes that cause your LPA to be rejected by the Office of the Public Guardian, incurring delays and expense.

Choose a Certificate Provider

You’ll need someone to sign your LPA to confirm that you understand the LPA and that you’ve not been put under undue pressure to make it.

This can be either someone you’ve known for at least two years or a professional such as a solicitor.  While we can act as your Certificate Provider in addition to our LPA Service, we recommend asking friend, neighbour or colleague to do this for you and avoid the considerable expense associated.

Sign your forms

Your forms will need to be signed by you; your certificate provider; your attorneys; and your replacement attorneys (if applicable).  You’ll also need to get witnesses to witness everyone’s signature.

Your forms will need to be signed by you; your certificate provider; your attorneys; and your replacement attorneys (if applicable).  You’ll also need to get witnesses to witness everyone’s signature.

Who and when you sign can be a bit complicated.  If  you seek legal advice the provider should talk you through who can sign and when they should do so.

When you create your LPAs you can choose to notify one or more people that you are doing so. The idea is that by letting them know and providing them with time to raise any concerns, you can safeguard against you being taken advantage of.

When you create your LPAs you can choose to notify one or more people that you are doing so. The idea is that by letting them know and providing them with time to raise any concerns, you can safeguard against you being taken advantage of.

Registration

Once signed (and checked by your solicitor) the forms can be sent off to the Office of the Public Guardian to be registered.

Its important to remember that you LPAs won’t be effective until they are registered. It can take several weeks.

There is a fee for your LPA to be registered (see below).

How much do solicitors charge for a power of attorney?  Are there any other costs?

Obviously, costs vary between providers, but as a guide our fixed fee to prepare both types of LPA for you is £295.  If you want us to prepare an additional LPA for your partner we offer a significant discount of 50% for their LPAs.

This service includes a one-to-one consultation with a qualified solicitor who will then draft your LPA. The solicitor will actively discuss with you your circumstances and whether you wish to include ‘Preferences and Instructions’.  We will also guide you through the signing process and handle the registration process for you.

Certificate Provider

In addition to what solicitors charge for a lasting power of attorney, you may also need to consider the fees charged by a professional if you’ve asked one to act as your Certificate Provider.

As mentioned above we do offer this service, but our fees very much turn on your circumstances.  We are aware of other solicitors charging from £180 to act as only as the Certificate Provider.

As noted above, you can ask a friend or acquaintance to act as your Certificate Provider avoiding this cost altogether.

Registration Fee (subject to discount)

Finally, you’ll also need to pay the registration fee charged by the Office of the Public Guardian.  This is currently £82 per LPA (i.e. if you are creating both a ‘Health and Welfare’ LPA and a ‘Property and Financial Affairs’ LPA you’ll need to pay £164).

If you receive less than £12000 a year in income or are in receipt of certain benefits you may be exempt from these fees or be entitled to pay a reduced amount.  Our service includes making the appropriate application for an ‘exemption’ or ‘remission’ if applicable.

Have you considered our Lasting Power of Attorney Service?

As you will have seen throughout this post, we offer a Lasting Power of Attorney Service. The service includes a one-to-one consultation with a solicitor who will also prepare both types of LPA for you. Once prepared we’ll send you the LPAs for signature, check them over when you return them and then register them at the Office of the Public Guardian.

You can book your appointment with one of our solicitors here.

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