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Make Lasting Powers of Attorney (LPAs)
I specialise in providing legal advice and guidance on well-thought-through (many are not) Powers of Attorney at very sensible fees. With over 24 years of experience and more than a decade helping other professionals stay up to date, I was involved in the original consultation before they were brought in. Sadly, my recommendation to combine, simplify, and cut the complexity by 75% was not taken on board, so we’re left with a bit of a minefield. But at least my fees are relatively modest! I am also a strong advocate of the much-necessarily neglected Lasting Power of Attorney Health and Welfare in tandem with the financial one. Both are CRUCIAL.
Who needs LPAs – everyone over 18, if possible (not everyone will qualify).
In 2023/2024 The Office of the Public Guardian raised an extra £2,087,638 or so by pointing out errors in Lasting Powers of Attorney and rejecting them.
But far more will have been registered as they are correctly completed, but will only do half of the job they are intended to do. It is the conversation that matters.
Contact me on 01323 766766 – 9 am to 5 pm– leave a message out of hours (I do try to answer until 8 pm) or if I am not available, 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 (with both delays in decision making and considerable expense).
I am too young to need an LPA
19-year-old in a coma for 10 months after being hit by a car. Or Carol Quinlan at 21. PSG Footballer in a coma for 39 years after a minor operation. 35-year-old mother of 3 wakes after 5 years and 5 hospitals. Rick Mayall, Kurt Cobain, Burt Reynolds, Sharon Stone, Ozzy Osbourne, Stevie Wonder, Lil Wayne, Martin Lawrence and of course Michael Schumacher. Who would make decisions for you after a serious accident, stroke etc? Not parents (unless your child is under 18), not spouse, not children – over here, the Court of Protection advised by Social Services.
The Authorities Will Respect My Wishes see Betty Figg.
Who can make Lasting Powers of Attorney?
Anyone over 18 and with mental capacity can make a Lasting Powers 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 request that they 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 after 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?
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 two types of Lasting Powers of Attorney:
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The Lasting Power of Attorney Health and Welfare.
This one is often left out, and for many, it will turn out to 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 the Health and Welfare one, 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 one in place, you have the same rights as your partner to disagree with any social services or other welfare or medical issues.
What else does the Health and Welfare power of attorney cover? They cover where you live, who you see, medical and welfare matters and life-sustaining treatment. All rather important.
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The Lasting Power of Attorney Property and Financial Affairs
What does the Property and Financial Affairs power of attorney cover? All your finances, savings, investments, potentially business matters (ask) and buying or selling them or your home or other property.
“Steve was knowledgeable, efficient and friendly. He helped my mother to make her LPA with clear and impartial advice and we would highly recommend his services. A highly professional service at a fair price.”
People involved needed to make Lasting Powers of Attorney are:
- Donor: the person making the LPA is 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. 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:
- together (jointly)
- separately (severally) where attorneys have different responsibilities; or
- 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: YOU may choose for someone to be notified when the application is made to register your 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: the 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 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) signed and dated 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 if you set it up that way. Alternatively, it can be set up so that it cannot be used until you lose the ability to make your own decisions.
The Lasting Power of Attorney Health and Welfare LPA can only be used if you lack the mental capacity to make your own welfare or medical decisions.
Lasting Power Attorney Health and Welfare is Crucial.
A Health and Welfare 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 a condition such as dementia. I nearly said because of the onset of dementia, however, in the early stages, it is often possible to still make a Lasting Power of Attorney and your own decisions, provided you don’t wait too long. If mental capacity is lost, then it is over to the Court of Protection to make choices for you. Many people end up with a solicitor looking after them and charging for their time.
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 within a time reasonable in the circumstances.
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, should you become unable to do so, either temporarily through accident or illness. But they are bound to discuss decisionjs with you if humanly possible.
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 decisions, such as where you live (rather an important one!), and who you see and more on your behalf, then you will need to make a Lasting Power of Attorney for Health and Welfare. You can give your attorney the ability to make decisions on your behalf over life-sustaining treatment if you wish.
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. Most are not set up correctly; in my opinion, advice has improved.
- If you wish to give your attorneys (whether the same ones or different ones) authority over your health and welfare, you will need to make a Lasting Power of Attorney Health and Welfare as well as the EPA or Finance power of attorney. I have set my fees for a pair low in order to persuade people to have both types, as you never know which one will become more important, and most advisers push the finance one as it has very obvious importance. Bear in mind that hard-pressed Social Services may be called in to spend 30 minutes assessing you before putting you in a cheap care home miles from family, with your family having NO POWER to do anything about it. Worse, they decide that you have lost the plot and place you in an asylum when you are just an unconventional person, or suitable medical treatment could remedy the situation but is not organised as no one has the time. Make sure you family can stand up for your rights under Powers of Attorney.
My FEES for discussing and preparing Lasting Powers of Attorney
For one person to make Lasting Powers of Attorney BOTH Finance and Welfare £297 plus Court fees.* (Saving £891 – see below form). The fee is the same if a couple wish to make mirror LPAs of the same type. This might be where appropriate Enduring Powers of Attorney exist, or perhaps where only the Finance PoA has been set up.
Couple to create Lasting Powers of Attorney of both types (four in all), £549 plus Court fees. (Saving £1,371 – see below form.)
Make Lasting Powers of Attorney EITHER Health and Welfare or Property and Financial Affairs is £197 plus Court fee.*
Property & Financial Affairs Business LPAs
These are more complex for partnerships and company directors, and additional checks are needed, so please have a chat first. The increased cost has the benefit that the business can pay.
Contact me on 01323 766766 – 9 am to 5 and often 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.
Power of Attorney Enquiry Form & Special Offer
Our Special Offer is made due to the delays at the Office of the Public Guardian: in order to assist with any immediate issues on the financial side, where requested, I will include a FREE General Power of Attorney (normally £50 each) with each Property and Financial Affairs Lasting Attorney.
Home visits are available in Polegate, Eastbourne, Hailsham, Pevensey and Seaford
But most people prefer to come to my easy to find (and easy to park) office just off the big Cop Hall roundabout or up School Lane, 2nd right into Malcolm Gardens (number 5). Route Map – pop in your postcode.
How much do solicitors charge for Power of Attorney?*
First three random solicitors showing prices on the internet (most do not show fees):
- Random solicitor fees for the same work:
Single Lasting Power of Attorney – £660 plus VAT (total £792)
Two LPAs – £990 plus VAT (total £1188)
Four for a couple – £1600 plus VAT (total £1920)
Their charges for more than one Lasting Power of Attorney are based on mirror ones.
2) Random solicitor fees for the same work: (they have included the registration fees)
Costs £550.00 VAT £110.00 Court Fee* £164.00 Total £824.00
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
The Professional Will Writer offers Face to Face meetings locally:
- Make Lasting Powers Eastbourne.
- Lasting Power of Attorney Advice Polegate which is where my office is based – just off the Cop Hall roundabout.
- Make LPAs in Hailsham.
- Making Lasting Powers of Attorney Seaford which is where I spent most of my early years. A short hop over the hill through Jevington or Alfriston gets me to Seaford in less time than it takes to get to many parts of Eastbourne. It is my mission to get as many people as possible properly protected with these crucial documents. That is part of the reason for my good value for money, as well as the modest fees for preparing and advising on them.
- Powers of Attorney Little Common.
The Power of Lasting Powers of Attorney is critical when things go wrong, or you just get old. When you need them, it is too late.
It will never happen to me! (They thought)
Obviously, it will never happen to you….but just in case, why not take precautions?
- I thought my husband Lee Holloway, 36, was falling out of love with me – it turned out to be symptoms of DEMENTIA.
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In 2020, almost a quarter of first-ever strokes occurred in people aged 18-54 years old in Australia, an increase from only 14% in 2012.
- BBC reports on Angharad Dennis’ stroke at 31.
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Hayette’s Story – Ischaemic Stroke due to Subarachnoid Haemorrhage at 32
- Derek Draper, Kate Garraway’s husband, apparently did not have Lasting Powers of Attorney in place, which made life much more difficult when Covid disabled him.
- Bradley Visser, 38 died after a skateboard crash and his wife knew his wishes as he had a Health and Welfare Lasting Power of Attorney to make them clear. His wife said, and I agree, that Lasting Powers of Attorney are more important than Wills in most cases.
- Bruce Willis was forced to retire from acting at 66 – short of the UK retirement age.
- Kate’s Story – Stroke at 42 with Locked-in Syndrome.
- Nadine Grandison was just 28 when she suffered a brain haemorrhage and stroke. Her doctor thought it was just a headache and advised she took painkillers and went to bed. Three weeks later, she woke up in the hospital. Unable to walk, talk or eat, Nadine began the long and difficult journey to recovery.
- Young stroke survivors’ stories.
For some reason, many lawyers just do not understand the vital importance of this type of LPA as a companion to the Property and Financial Affairs LPA. For example, one buys the new home, but the other has the authority to move you into it! The old style Enduring Power of Attorney is similar to the Property and Financial Affairs LPA but was normally written as not coming into effect until mental capacity had been totally lost, leaving out slippery slopes and varying capacity.
Michael Schumacher the F1 legend, hit a rock whilst skiing in 2013 and hasn’t been seen in public since. In England, his life would have been managed by the Court of Protection if he did not have Lasting Powers of Attorney in place.
* The Competition and Markets Authority say that solicitors are better placed to write Lasting Powers of Attorney than Will Writers in general. I would respectfully point out that the overwhelming majority of solicitors do not write Lasting Powers of Attorney regularly, and Professional Will Writers do and have regular training on the topic. I would estimate that I attend at least 8 training sessions every year where the topic of powers of attorney is discussed, and I have done since 2006, even before they were launched to replace Enduring Powers of Attorney. That said, there are some solicitors who are first-rate if you can afford their fees.
