Lasting Power of Attorney
A lasting power of attorney, also known as an LPA, is a document that you can make to make sure that you are protected as you grow older. You can choose who you would like to be your attorney and look after your interests for you.
People often don’t see the benefit of making an LPA until it is too late. Once you lose capacity, you’ll need someone who has capacity to access your finances and help you with the decisions that need to be made about your health and your care.
If you’ve not appointed an attorney and you don’t have a lasting power of attorney in place when this happens, no one can automatically access your bank accounts or finances and they also can’t make decisions on your behalf, even if they are your next of kin.
This could potentially result in your loved ones having to apply to the court to become your deputy. This is a much more complicated and in depth process than putting an LPA in place and it is also much more expensive too.
We'll take you through the whole lasting power of attorney process and help you understand the lasting power of attorney fees you'll pay.
To avoid problems for you and your family as you get older, call us now on 0117 926 4121 or make a free online enquiry and we will help you.
Different Types of Lasting Power of Attorney
There are two types of LPA. The first is property and financial affairs and the second is health and welfare.
You can make one or other or both of them at the same time, but there are real benefits to making both types of lasting power of attorney.
The first lasting power of attorney is property and financial affairs. Once in place, your attorney can access your bank accounts, your benefits and even sell your property on your behalf.
You can now see why it is really important that whoever you choose to be your attorney is someone you really trust.
The second lasting power of attorney is health and welfare. This is the one that allows your attorney to make decisions about your day to day care, medical decisions and what you wear and eat amongst other things .
The health and welfare LPA can only be used once you have lost capacity but the property and financial affairs LPA can be used whilst you still have capacity.
What is capacity?
Capacity is a legal term. The law has to have a test to decide whether you can make your own decisions or not and that if you do, that you understand the consequences and impact of those decisions at the time you are making them.
You can lack capacity sometimes or all the time and illness, accidents or conditions from birth can result in a lack of capacity.
To make an LPA, you will need to have capacity when you make it. That means that you understand the implications of what you are doing
How do I make a Lasting Power of Attorney?
You have a couple of options. You can make a lasting yourself but many LPAs get returned from the Office of the Public Guardian because they contain mistakes or they have provisions in them that are contradictory.
A freedom of information request made back in 2012 showed that more than 12,000 LPAs were rejected and more than 500 were revoked and a more recent article written in 2013 by a legal advisor for the Office of Public Guardian states that more than 100 LPAs a month are returned because of invalid provisions.
By writing your own LPA, yours could be one of those 100 that are sent back each month. This could mean you have to pay the registration fee twice and delay the registration of your lasting power of attorney.
By using a lawyer to write your lasting power of attorney, you can make sure that everything contained in your LPA is correct and that it won’t get returned because of any invalid provisions.
What can happen if I don’t make a Lasting Power of Attorney?
If you don’t have an LPA in place and you lose capacity, someone will have to apply to the Court of Protection to become your deputy. This is much more expensive process than making a lasting power of attorney and in addition, the deputy has many more responsibilities.
These include producing accounts detailing all income, expenditure and expenses, an annual written report to explain the decisions they’ve made and also supervision visits from the Office of Public Guardian (OPG).
The impact almost certainly won’t affect you but it will affect the person who becomes your deputy. This could be your spouse, civil partner or even one of your children.
You may not lose capacity but you could be in a position where you want to pass over the management of your finances and without an LPA, you can’t legally do that.
Perhaps nothing will happen if you don’t make an LPA, but do you want to take the chance?
Fixed Fee Lasting Power of Attorney
We offer a fixed fee service for completing your LPA and we'll give you details of these costs during your free enquiry. As there are two different types of LPA, there are two fees payable. If you decide to arrange both types of lasting power of attorney, we’ll offer you a discount.
When we register your LPA with the Office of Public Guardian, there is a fee payable to them. This will be listed as a disbursement in your quotation right at the start. Disbursements is a term lawyers use for any additional payments that you'll pay on top of our legal fees.
Call us now on 0117 926 4121 or make a free online enquiry and we’ll be in touch shortly.
Why use Meade King?
Our experienced team at Meade King can help you through the process of making a lasting power of attorney.
Whilst dealing with a lawyer and a law firm may make you feel a bit uneasy, our friendly, down to earth and approachable team will make sure you are clear about each step of the process.
To show our commitment to providing our clients with the best possible service, the team are members of STEP, the Society of Trust and Estate Practitioners. Meade King is also a STEP Gold Employer Partner. This means that we are up to date with all aspects of probate, trusts, estate planning and we apply the society’s strict code of conduct to every aspect of our work. In addition, one of our lawyers is also a member of Solicitors for the Elderly.
Between the team, we have 30 years’ experience, so if you need help and advice to make an LPA, we can help you.
Contact Us Today
To find out more about making a lasting power of attorney, please call and speak to one of our friendly team who can help you.
Call us on 0117 926 4121 or make a free enquiry online and we will help you.