you don't have to.
lasting power of attorney (lpa)
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to choose trusted people (attorneys) to make decisions on your behalf during your lifetime, if there comes a time when you can no longer make decisions for yourself.
Anyone over the age of 18 with mental capacity can sign an LPA and act as an attorney for another person.
You can make two different types of LPA : –
- Property and Financial Affairs – This allows an attorney to manage anything to do with your property and finances e.g. bank accounts, investments, pensions, benefits, tax affairs and buying and selling property as if they were you. This type of LPA is effective as soon as it is registered – unless you stipulate that it is not valid until you lose mental capacity.
- Health and Welfare – This can only be used once mental capacity has been lost and gives your attorney authority to make decisions, which relate to your medical needs and personal wellbeing ranging from medical treatment, living arrangements, care home needs, and also giving and/or continuing with life sustaining treatment.
What happens if you don’t have an LPA?
If you no longer have mental capacity and have not signed and registered an LPA then it would be necessary for an application to be made to the Court of Protection for a deputy to be appointed to deal with your financial affairs.
If there is no-one able or willing to be appointed, then a professional deputy will be appointed. The application to the Court for the appointment of a deputy is a much more complicated and expensive process than appointing an attorney for you, and could result in someone unknown to you or your family managing your affairs.
How we can help
A member of our team will guide you through the process from start to finish and our all-inclusive fixed fee service comprises of the following :-
- An initial consultation meeting to assist you in deciding on who to appoint as your attorney(s) and what powers and responsibilities they should have.
- Obtaining all relevant information needed to complete the LPA documentation.
- Instructing a medical report if mental capacity needs to be assessed. There will be an additional fee payable to the assessor.
- Preparing the LPAs and sending them to you for approval.
- Attending you to sign the documents and sending them to attorneys for signature.
- Acting as Certificate Provider i.e. certifying that you have the mental capacity to sign an LPA. Please note that if we are appointed as a professional attorney, we are unable to act as certificate provider and this will then need to be a person who has known you for 2 years, or in a professional capacity e.g. doctor.
- Notifying any person who you feel should be made aware of the LPA. This is optional.
- Submitting the signed LPA(s) with the Office of the Public Guardian.
- Storing the registered documents (free of charge) until such time as they are needed.
The cost of preparing each LPA document is £350 plus VAT and there is a Court fee of £82 for each one to be registered.
- Living Wills
- Making a Lasting Power of Attorney puts you in control
- LPAs for directors and partnerships
- Deputyship – when a power of attorney is no longer an option
- Relying on the concept of ‘next of kin’ – when is this enough?
Are you involved in a business as a partner or company director? Have you thought about what would happen to your business if you became unable to make decisions because of an accident or unexpected illness? To learn what you can do to help protect your business with a business Lasting Power of Attorney.
What our clients say:
“Dagmara took all the stress and strain of sorting wills and probate at what was a difficult time. We couldn’t have done it without her. Excellent”. Clare Dragisic
For more information about how we can help, you can read testimonials from our private client services clients
The Private Client Services 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.