Uncertainty is the primary deterrent to the implementation of a Lasting Power of Attorney (LPA). The timing may not be right or you may contemplate if it’s even necessary. Anyone wishing to ensure legal protection for their assets and well-being will absolutely find it necessary to secure an LPA.

But what is an LPA? What sort of control does it grant an individual? What are your options? How much does a power of attorney cost in the UK? We provide the answers to these questions and more. If you wish to cover yourself in case of a situation where you lose the mental capacity to make proper decisions regarding your assets and health, read on.

What is the Power of Attorney?

Power of Attorney is legal permission granted by one individual to another individual, group, or entity allowing the management of estate on the grantor’s behalf. This is only legally viable should the grantor no longer be able to care for themself or if they have left the country where Power of Attorney has been granted.

Rest assured that the power granted is not absolute. The individual with Power of Attorney cannot seize the assets for themself. There are rules in place for what a Power of Attorney can and cannot allow. In order to understand what these rules are, we must first look at the types of Power of Attorney available.

Basic Power of Attorney

Your standard, run-of-the-mill Power of Attorney provides temporary control over assets such as bank accounts, property, and more. This control is only in place until it has been ceased or revoked, and is generally in place for a specific time frame. This type of Power of Attorney is best suited for short-term situations such as hospitalization or vacating the country on a trip. The application for a Power of Attorney will cost £82 in the UK. Additional fees will depend on what you require. Always get a quote.

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is continuous. This type of document remains in effect until it is either ceased on the donor’s behalf or until the donor has passed away. An LPA can have restrictions in place to prevent certain decisions from being overridden as instructed by the donor. The application, similar to a basic Power of Attorney, costs £82 in the UK. Additional fees apply based on necessity and who is advising you.

Enduring Power of Attorney (EPA) is the former title for an LPA. An EPA can no longer be created but those already made prior to 1 October 2007, are still valid.

What Are The Types of Lasting Power of Attorney and What Can They Do?

There are two kinds of Lasting Power of Attorney (LPA): health and welfare (personal welfare) and property and financial (property and affairs). Each provides specific asset coverage and defined powers that can be granted.

Personal Welfare

When you “lose capacity” to take care of yourself, you can rely on a health and welfare attorney to make certain decisions. These decisions for the donor may include:

  • Where they will live
  • Received medical treatments
  • Personal care and daily routine
  • Life-sustaining treatment which includes a DNR
  • Other decisions that are based on what the donor may prefer

What a personal welfare attorney cannot do:

  • Make decisions on the donor’s behalf if the donor is still sound of mind
  • Restrict the donor’s freedom(s) based on their decisions
  • Insist on a doctor performing acts that do not benefit the donor

Property and Affairs

When you can no longer work due to illness or absence, a property and affairs attorney can help manage your assets and set up your wills and estate planning. These assets involve:

  • The purchase, sale, and rental of property
  • Home maintenance including damage repairs and bills
  • Bank accounts, savings, benefits claims, and investments
  • Pay taxes
  • Make charitable donations on the donor’s behalf
  • Purchase personal goods for the donor

What a property and financial affairs attorney cannot do:

  • Make decisions on the personal welfare of the donor
  • Benefit themself using the donor’s assets (take a fee, mix finances)
  • Purchase and/or sell assets below the market rate
  • Plan taxes without the Court of Protection’s authority

How Many Individuals Can I Grant Power of Attorney?

A donor can choose multiple people to hold Power of Attorney for whatever type they prefer. By splitting the decision-making, a donor can make life easier for each attorney. This is especially useful should one attorney decide not to continue for whatever reason, another can step into their place.

A successor attorney should be made for each Power of Attorney chosen. Should an attorney decide to step down without a successor, then Power of Attorney cannot be transferred. A new Power of Attorney will have to be made, starting over from square one.

What Do I Need To Complete an LPA?

There are steps you’ll want to take in order to properly complete an LPA. The first step is to select who to appoint as your attorney(s). You can then decide if you need one or more attorneys, based on the different LPA types you plan on, as well as their successors.

Next, decide who you wish to notify once the LPA application is made to register. It is not necessary to inform anyone of your decision, however, it may be wise to notify those who are being granted primary LPA. During the registration process, you will need an independent person – not being made LPA  – to act as a witness providing a signature and address. They will also need to provide a certificate for Part B of the registration form.

Once the LPA has been completed, it will need to be registered at the Office of the Public Guardian (OPG) in London. Any additional questions you, your attorney(s), and certificate provider(s) may have can be answered by the OPG.

What if I Don’t Want To Secure A Power of Attorney?

At the very least, wills and estate planning should be considered to ensure your affairs are looked after. To protect assets, you should look into placing all property into trust funds in the UK. In both cases, it is best to seek out a specialist and find out what options are available to you.

Power of Attorney cost in the UK varies based on your needs. If this is a deterrent to acquiring one, it may be best to seek counsel and receive a quote. In some cases, you may qualify for cost reductions.

Should I Create Power of Attorney?

The decision to register a Power of Attorney is entirely up to personal choice. Using the information gathered here, you should have enough insight to help you make the right choice for you.

It’s also possible that you may feel it’s too late to put an LPA in place. Appointing a friend or family member as a Deputy via The Court of Protection is also a valid option. Before making a decision, seek out professional guidance on the matter. Get a quote for Power of Attorney costs in the UK as well as what options are available to you.

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Cookie Policy for Trustmark Law

This is the Cookie Policy for Reliable Wills, accessible from https://trustmarklaw.co.uk

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the CookiePolicyGenerator.com

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

Close