Make A Lasting Power of Attorney

Make Lasting Powers of Attorney (LPAs)

 I specialise in providing well-thought-through Powers of Attorney at very sensible fees. Well over 20 years experience and more than a decade helping other professionals stay up to date,

Contact me on 01323 766766 – 9 am to 8 pm– leave a message if I am not available and I will call you back.

Lasting Powers of Attorney – Simple Yet Complex.

Sadly, many advisers do not seem to understand the vital nature of the Health and Welfare Lasting Power of Attorney leaving their clients exposed to having their lives controlled by the Court of Protection at the worst possible time (and expense).

Who can make a Lasting Power of Attorney?

Anyone over 18 and with mental capacity can make a Lasting Power of Attorney, and they should.   However, the majority of people will make mistakes in doing so, and whilst I don’t have a crystal ball, there are some simple ways (to me) of making the process far more effective and avoiding the slow and expensive clutches of the Court of Protection. My fees for LPAs (below) are modest, and some firms would charge more for a single one than I charge for all four for a couple.

A diagnosis of early-stage Alzheimer’s or similar typically means that mental capacity may be lost in future, not that it has already gone. Ask the person who diagnosed you, and ask them to add their answer to your notes, as long as it is positive, then get in touch urgently.

Many advisers will not have a robust conversation with their clients and just ask who they want as attorneys, and there is a lot more to the very important decisions which have to be made. Because the advice is such an important part of the process, 50% of the fee is not refundable if you decide not to proceed having had the fact finding interview.  That doesn’t mean you can’t have a quick free chat with me first.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that you (the donor) make using a special form. It allows you to choose someone now (the attorney) that you trust to make decisions on your behalf about things such as your property and financial affairs or health and welfare at a time in the future when you no longer wish to make those decisions or lack the mental capacity to make those decisions yourself.

The types of LPA

There are two types of LPA:

• The Health and Welfare Lasting Power of Attorney

This one is often left out, and for some, it will be the most important one. Imagine the situation where your partner acts very oddly in front of a social worker, who then decides he/ she has lost “mental capacity.” Without this LPA you have no rights, apart from raising a dispute in the Court of Protection, whose decision is likely to be too slow (and expensive).   With the Health and Welfare LPA in place, you have the same rights as your partner to disagree with any social services or other welfare or medical issues.

What does the Health and Welfare LPA cover? They cover where you live, who you see, medical and welfare matters and life-sustaining treatment.

• The Property and Financial Affairs Lasting Power of Attorney

What does the Property and Financial Affairs LPA cover? All your finances, savings, investments, potentially business matters (ask) and buying or selling them or your home or other property.

People involved in making an LPA

The people involved in making an LPA are:

• Donor

The donor is the person making the LPAs appointing an attorney(s) to make decisions about his or her health and welfare, property and financial affairs or both.

• The attorney(s)

An attorney is the person(s) you choose and appoint to make decisions on your behalf about either your Health and Welfare or Property and Financial Affairs or both Lasting Powers of Attorney. It is an important role and one that the person you choose has to agree to take on.

You can appoint one or more attorneys. If you appoint more than one, you may require them always to act:

1. together (jointly)
2. separately (severally); or
3. both jointly and severally.

You may even appoint them to act jointly for some things and severally for others, although this should only be done after taking legal advice as it may cause practical problems.

You may also appoint a successor to your attorney in case they die or otherwise cannot serve as your attorney.

• People to notify

The donor may choose for someone to be notified when the application is made to register their LPA. Those persons notified have the right to object to the registration of the LPA if they have concerns about the registration. The people to notify are specified in the LPA form. Selecting people to notify of an application to register was one of the key safeguards to protect you if you make an LPA, but is less important now that the Office of the Public Guardian is insisting on immediate registration.

LPAs are wide open to abuse, so it is crucial to be careful about the Attorneys you choose and do so as early as possible so that any future potentially fraudulent application is likely to be more carefully scrutinised.

• Certificate provider

A certificate provider is a person the donor must select to complete a certificate in the LPA form (Section 10). The certificate provider must confirm that the donor understands the LPA and that the donor is not under any pressure to make it. The certificate provider is another important safeguard. Provided your mental health is clearly good, and we meet face to face, I am happy to act as the certificate provider with no additional fee.

• Witness

A witness is someone who signs the LPA form to confirm that they witnessed:

• the donor (the person making the LPA) signing and dating the LPA form; or
• the attorney(s) (the person appointed by the donor) signing and dating the LPA form.

It is an important role and acts as a further safeguard.

When can the attorney act?

Only when the LPA has been:

• signed by you and your attorney(s)
• certified by a certificate provider confirming that you understand the nature and scope of the LPA and have not been unduly pressured into signing it; and
• registered with the Office of the Public Guardian.

The Property & Affairs LPA can be used whether or not you have the mental capacity to make financial decisions for yourself.

The Welfare LPA can only be used if you lack the mental capacity to make your own welfare or medical decisions.

The Health and Welfare Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf about your personal healthcare and welfare.

These health and welfare decisions can only be taken by somebody else when you lack the capacity to make them yourself; for example, if you are unconscious or because of the onset of a condition such as dementia.

The attorney(s) you appoint to make health and welfare decisions can only use this power once the LPA has been registered and only if you cannot make the required decisions yourself.

You can decide to give your attorney the power to make decisions about any or all of your health and welfare matters, including healthcare matters. This could involve some significant decisions, such as:

• giving or refusing consent to particular types of healthcare, including medical treatment decisions; or
• whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.

If you want your attorney(s) to have the power to make decisions about ‘life-sustaining treatment’, you have to expressly give your chosen attorney(s) the power to make such decisions.

You can also give your attorney(s) the power to make decisions about day-to-day aspects of your health and welfare, such as your diet, dress or daily routine. It is up to you which of these decisions you want to allow your attorney to make.

This type of LPA does not allow the person(s) you have chosen as your attorney(s) to make decisions about your property and financial affairs. If you would like someone to be able to make property and financial affairs decisions on your behalf, you will need to make a Property and Financial Affairs LPA.

The Property and Financial Affairs Lasting Power of Attorney

A Property and Financial Affairs Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs.

You can appoint a property and financial affairs attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income.

This could be for lots of reasons: you might find it difficult to get about or talk on the telephone, or you might be out of the country for long periods.

You can decide to give your attorney(s) the power to make decisions about any or all of your property and financial affairs matters. This could include paying your bills, collecting your benefits or selling your house.

This type of LPA does not allow the person(s) you have chosen (your attorney) to make decisions about your health and welfare. If you want someone to be able to make Health and Welfare decisions on your behalf you will need to make a Health and Welfare LPA.

Existing Enduring Powers of Attorney (EPA)

The Enduring Power of Attorney (EPA) was replaced by the Financial Affairs Lasting Power of Attorney in October 2007. Please bear in mind:

• If you made an EPA before 1 October 2007 it is still valid in respect of property and affairs, but you may wish to cancel it if it needs updating and set up a Property and Financial Affairs LPA.
• If you wish to give authority over your health and welfare you will need to make a Health and Welfare LPA.

FEES & Enquiry

Single person taking both types of Lasting Power of Attorney £297 plus Court fees.* (Saving £891 – see below form).

Couple taking out mirror (similar) Lasting Powers of Attorney, £549 plus Court fees. (Saving £1,371 – see below form.)

A Single LPA is £197 plus Court fees.*

Contact me on 01323 766766 – 9 am to 8 pm– leave a message if I am not available and I will call you back.

• The Court registration fee for each LPA is £82 payable on registration, with some potential reductions.

First three random solicitors showing prices on the internet (most do not show fees):

1. Random solicitor fees for the same work:

Single Lasting Power of Attorney      –           £660 plus VAT (total £792)

Two Lasting Powers of Attorney         –           £990 plus VAT (total £1188)

Four Lasting Powers of Attorney         –           £1600 plus VAT (total £1920)

Our charges for more than one Lasting Power of Attorney are based on mirror Lasting Powers of Attorney.

2) Random solicitor fees for the same work: (they have included the Court fees

 

3. Random solicitor

• Single LPA (an individual is making one type of LPA) £400 +VAT = £480
• Two LPAs (where a couple are making one LPA each or an individual is making both types) £700 +VAT = £840
• Four LPAs (a couple are making both types) £1000 +VAT = £1,200
• Plus Court fees