A Lasting Power of Attorney
gives you control
- An LPA gives you control to appoint someone you trust to handle your affairs.
- Avoids involving the Court later on when time is of the essence and action
needs to be taken swiftly.
- You can set up LPAs for financial and property affairs and also
health and welfare decisions.
- We offer fixed fees for preparing your Lasting Power of Attorney.
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Lasting Power of Attorney
There is no specific age when you should consider making a Lasting Power of Attorney (LPA) as anyone can lose capacity at any time through illness or if injured in an accident. What is important to note is that you can only set up an LPA when you have mental capacity. Once you’ve lost capacity, it’s too late!
Why do you need a Lasting Power of Attorney?
An LPA is a legal document in which you can appoint someone you trust to act on your behalf as your attorney if there comes a time when you cannot make decisions for yourself in connection with your property, financial affairs, health & welfare matters.
Without a formal LPA your relatives or those you trust cannot manage your affairs even if it is to help you. If you do not have an LPA and you lose the ability to manage your own affairs then your assets will be frozen until a Court Order can be obtained. It is therefore best to plan ahead and set up an LPA while you are still in good mental health, removing any future burden from your family.
How do you set up a Lasting Power of Attorney?
In order for an LPA to be valid it must be done correctly and we can do this in 3 simple steps:
- We will take your details during a meeting, by phone or email - whichever you prefer;
- We will then meet with you to explain and sign the paperwork. One of our solicitors will act as your witness and Certificate Provider;
- We will then submit the LPA for registration at the Office of the Public Guardian. Turnaround time for registration is approx 8-12 weeks.
Once these steps are completed the LPA is ready, giving you peace of mind.
How much does it cost to make a Lasting Power of Attorney?
We offer a fixed fee for Lasting Powers of Attorney, the fixed fee for a single Lasting Power of Attorney is £350 +VAT. The Court registration fee is £82 for a single Lasting Power of Attorney.
THE Lasting Power of Attorney team
Dagmara Kulczykowska Partner
Private Client Services 01908 689341Dagmara is Head of the Department and has many years of experience in all aspects of private client work. Dagmara’s strengths are working with families on very sensitive and emotive matters, providing them with specialist legal advice. She ensures clients are supported but also advised clearly and comprehensively on the legal issue(s) at hand so that they can make an informed decision.
Amye Aris Solicitor
Private Client Services 01908 689317Amye is part of the Private Client Services Team and advises on all aspects of Private Client work in a range of matters relating to the administration of estates, Wills, Lasting Powers of Attorney and Deputyship applications. Amye also has residential property experience.
Oliver Kent Trainee Solicitor
Private Client Services 01908 689302Oliver joined Geoffrey Leaver Solicitors in August 2015 as a Paralegal and was promoted to a Trainee Solicitor in May 2017. He holds a degree in Law and has recently completed a Master of Laws too. He will be admitted as a Solicitor on 1 May 2019. Oliver has experience of working with various departments but is now based within the Private Client Services department.
Other areas we can help with
Should a family member become mentally incapacitated, and not have a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) in place, it will be up to the Court of Protection to deal with their affairs. Their assets will be frozen until an application for ‘Deputyship’ is made to the Court of Protection – which allows either a relative, friend or court appointed professional Deputy to take over the running of their affairs.
Inheritance Tax is charged on a person’s estate at the time of their death, but the first £325,000 is exempt - anything above this is taxed at 40%, and additional exemptions may be applicable depending on an individual’s circumstances. It is therefore important to organise your affairs in a way which minimises the amount of tax that your relatives may have to pay.
This allows you to appoint someone to deal with as many aspects of your affairs as you require. They are bound by the Court of Protection and have a duty to act in your best interests - and will continue to have power should you lose mental capacity. There are two types of LPA:
Appointing a Power of Attorney is a complex decision which needs to be tailored to the different needs of each situation. There are now two different types of ‘Lasting Power of Attorney’ - but the older ‘Enduring Powers of Attorney’ are still valid, if they were made before the system changed. You can also still appoint a General Power of Attorney, but this can only be used when the donor has full mental capacity – for example enabling someone else to make financial decisions on their behalf while they are away on holiday.
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