Lasting Power of Attorney is a document intended to help if your ability to manage your financial matters were to decrease as we grow older, through illness, disability or an accident. If you (‘the Donor’) set up a Lasting Power of Attorney (LPA) you appoint someone you trust, such as a close relative, friend or solicitor as your ‘Attorney. The LPA’s are registered with the Office of Public Guardian after signature and are used by the appointed Attorneys when the Donor is unable to make decisions for themselves and can no longer manage their affairs.
Your attorney cannot start making decisions on your behalf until the Lasting Power of Attorney has been registered by the Office of the Public Guardian, who will make sure your attorney is aware of his or her duty to act in your best interests. The Office of the Public Guardian will charge a fee for registering the LPA.
The Lasting Powers of Attorney (‘LPA’) come in two forms:-
- Health & Welfare:this allows the appointed Attorney the right to make decisions on the Donor’s medical treatment and personal welfare.
- Property & Finance: this allows the appointed Attorney the right to make financial decisions such as banking.
LPA’s have now replaced Enduring Powers of Attorney (‘EPA’) (although valid EPA’s made before 1 October 2007 can still be used).
The Court of Protection
The Court of Protection steps in where the person hasn’t made either a Lasting or an Enduring Power of Attorney. The Court may either make a decision themselves on a particular matter on behalf of that person or appoint what is known as a ‘Deputy’.
We are able to assist friends or family of those who are no longer able to look after their own affairs in making an application to the Court of Protection for a Deputy to be appointed.
For further information please contact cneville@mitchellplampin.co.uk
Our Charges:
1 person – One Lasting Power of Attorney | £285 plus VAT |
1 person – Two Lasting Power of Attorney | £550 plus VAT |
A discount is applicable for two people and £50 discount will be applied if you make a Will at the same time.