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Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that allows you to appoint one or more people you trust to help make decisions, or to make decisions on your behalf. They usually come into affect if you lose the ability to manage your affairs through an accident, or ill health, and where you are unable to make decisions yourself; or in the case of your financial matters, at a time which you decide.

By making a Lasting Power of Attorney now, you set out your wishes for the future, giving you more control over what happens to you and your affairs.

Important News

Under a new Government scheme, those who registered a Lasting Power of Attorney between 1st April 2013 and 31st March 2017 could be entitled to a partial refund of fees paid.

Why is the money being refunded?

When you register a Power of Attorney you’re charged an application fee (unless you’re exempt from paying). This fee is set by the Ministry of Justice and you pay it to the Office of the Public Guardian.

Between 2013 and 2017 the operating costs of the Office of the Public Guardian decreased. However, the standard application fee was £130 per registration until 1st October 2013 and then £110 until 1st April 2017. The fee is supposed to cover operating costs only and as such the Government’s now repaying the difference between the amount applicants paid and what they should have paid, including interest.*

As well as applicants, if you’re an attorney or executor, dealing with the affairs of someone who had registered a Lasting Power of Attorney within this period, you could also be entitled to a partial refund.

Want to know more? Contact us and we can go through the steps to claim back any over payments.

*From 1st April 2017 the application fee for registering a Power of Attorney was reduced. If you applied after this date you would have paid the reduced fee at the time and are unable to claim a refund.

There are two different types

Choose one, or both types of Lasting Power of Attorney.

Property and Financial Affairs

Allows you to appoint one or more people to make decisions, on your behalf, about your property and financial affairs.

This includes fulfilling important tasks such as;

  • Managing bank and building society accounts
  • Paying bills
  • Writing cheques
  • Transferring money
  • Receiving salaries and pensions
  • Arranging the upkeep of your property
  • Arranging insurances
  • Selling your home

A Property and Financial Affairs Lasting Power of Attorney can be used at a time when you have lost the ability to make your own decisions, as well as to make temporary decisions; e.g, if you were to travel outside of the country for a prolonged period; or long term decisions; if you have a disability which makes getting to the bank and paying bills difficult.

Health and Welfare

Allows you to appoint one or more people to make health and welfare decisions on your behalf.

Decisions regarding;

  • Your medical care
  • Refusing life-sustaining treatment
  • Moving to a care home
  • Your social care
  • Your daily needs and routine;
    • Eating
    • Taking medications
    • Bathing
    • Dressing

A health and Welfare Lasting Power of Attorney can only be used once you have lost the ability to make your own decisions.

The Importance of Planning Ahead

Without a Lasting Power of Attorney in place, if you lose the ability to make decisions for yourself, your family would need to apply to the Court of Protection to allow them to make decisions on your behalf. This can be time-consuming and costly process. By setting out your wishing now, you can save your loved ones time and expense later.

Our Service

Whether it’s using our exclusive online Digital Toolkit or by appointment with one of our professional advisers; whichever method suits your circumstances, we are on hand to help you through the process, from writing your documents, to help and advice signing your Lasting Power of Attorney, all the way to keeping the document stored securely.

Fees and Governement Charges

The cost of registering a Lasting Power of Attorney with the Office of Public Gaurdian (OPG) is £82* per LPA.

However, there are certain circumstances where you may be entitled to an exemption (the registration is free of charge) or a reduction in fees (you only pay part of the fee).

*Registration fees are paid directly to the OPG, by card or cheque. Prices are subject to change without notice: correct as of July 2018

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