As dementia action week begins, our Lasting Power of Attorney Solicitors near you discuss the importance of LPAs
Posted on 21st May 2021
Our Lasting Power of Attorney Solicitors discuss the importance of LPAs, and break down the costs involved.
As some of our clients may already be aware, this week is Dementia Action Week (17th until 23rd May 2021). Alzheimer’s Society is calling on the Government to “cure the care system now”, which, put simply, means that they are asking the Government to provide quality social care, which is free and easy to access, no matter where you live.
Many of us may take for granted the NHS healthcare service during our lifetimes, potentially spending at least a few nights of our life in hospital without being landed with a bill for thousands of pounds. However, for the elderly, the care sector can be underfunded, leading to a costly stay in later years. For some people, this stay may come sooner in life than anticipated.
The Alzheimer’s Society is asking people to sign a petition to call on the Government to commit to the publication of a budget, with clear milestones setting out the reforms to the care sector, ensuring that these reforms consider funding as well as improving the care that people receive. You can read the petition and, if you want to get involved, sign it, here.
What is Alzheimer’s?
Alzheimer’s disease is a syndrome associated with an ongoing decline of brain functioning. It is the most common form of dementia in the UK. It is thought to be caused by a build of proteins in and around the brain, which are abnormal in nature. Sadly, it is not fully known and understood what causes the syndrome, but it is believed that it begins many years before symptoms start to show.
Over time, areas of the brain shrink, the first areas generally being responsible for a person’s memories, hence why a common association of Alzheimer’s disease is memory loss.
How is Alzheimer’s treated?
According to the NHS website, there are a number of medicines prescribed for Alzheimer’s disease to help temporarily improve the symptoms, including Acetylcholinesterase inhibitors and memantine. You can find out more about the treatment of Alzheimer’s disease on the NHS website, here.
How can solicitors near me, MG Legal, help?
Our team are experts in preparing Lasting Powers of Attorney, so we can help you get your affairs in order before you are no longer able to. Alternatively, if your loved one has lost the ability to manage their own affairs, we can assist with an application to the Court of Protection for you to be appointed as Deputy. Our team of Lasting Powers of Attorney solicitors have gone into more detail, below.
What are Lasting Powers of Attorney?
Lasting Powers of Attorney are legal documents that can be put in place so that the Donor (the person making the Lasting Power of Attorney) can grant the Attorney(s) the power to manage their affairs. For Financial Lasting Powers of Attorney, this can be whilst the Donor still has capacity, at their direction, or if they lose capacity. For Health & Care Lasting Powers of Attorney, this document can only be used if the Donor no longer has capacity.
You can read more about what Lasting Powers of Attorney are, how they are used, and what the process is on our local Lasting Power of Attorney Solicitor’s page, here.
What is an application to the Court of Protection (a Deputyship Application)?
If a person has lost capacity and they have not already made Lasting Powers of Attorney, or they have made Lasting Powers of Attorney that are no longer valid or cannot be used, their loved ones may need to make an application to the Court of Protection. These applications are commonly known as Deputyship Applications.
Why is it important to make Lasting Powers of Attorney?
Lasting Powers of Attorney are important so that your appointed Attorneys are legally authorised to make decisions on your behalf, if you are (either temporarily or permanently) unable to make these yourself. If you do not have these Lasting Powers of Attorney in place, your loved ones, such as friends or family, will not have the legal authority to make decisions or act on your behalf. This could leave them in a position where they are required to make an application to the Court of Protection to be appointed as a Deputy.
You may be wondering why this would matter to you?
Well, the cost of making an application to the Court of Protection is generally double the cost of making Lasting Powers of Attorney, and that’s only for one application.
On top of this, there are more costly disbursements payable: The Office of the Public Guardian charge just £82 per LPA to register the documents, compared to the Court of Protection Court fee which is £365 per application. An assessment of capacity is also required, which can cost in the region of £100 to £300 per form. Deputies are also stringently regulated, and there are additional fees payable once the Order has been made, which will, in some instances, need to be paid annually.
Costs of making an application to the Court of Protection
To sum up the above information, the cost of making an application to the Court of Protection can be as follows:
For an Application for either Health or Finances
Legal Fees: £950.00
VAT @ 20%: £190.00
Court of Protection Application fee: £365.00
Assessment of Capacity fee: £100.00 to £300.00 (estimated)
Bond Fee: Subject to the value of the person’s estate More information available on Howdens, here.
Total Cost to make one application: Estimated total in the region of £1,800 to £2,000. If both applications are required, the fees could double.
Costs of making and registering Lasting Powers of Attorney
For both Financial Decisions and Health & Care Decisions Lasting Powers of Attorney
Legal Fees £400.00
VAT @ 20% £80.00
Registration fees £164.00 (unless a fee remission or exemption applies. See form LPA120)
Total cost to make an application for both Lasting Power of Attorney documents: £644.00
How long does it take to make Lasting Powers of Attorney?
The process of making and registering Lasting Powers of Attorney generally takes in the region of 16 to 20 weeks, although this timescale can depend on how quickly you return the documents to our team of Lasting Power of Attorney experts.
Our team have put together a helpful guide on the process and timescales involved in making and registering Lasting Powers of Attorney, which is below.
How long does it take to make a Deputyship Application?
As you can imagine based on the higher costs, the process of making an application to be appointed as a Deputy can take significantly longer. From the initial consultation through to the Order being granted by the Court, the process can take up to 12 months, sometimes longer if the Court raise enquiries or require additional information.
In addition, once the Order has been granted, there will be other requirements to satisfy before you can start using the Order, such as paying a Deputy’s Bond. To enquire about the full process of making an application to be appointed as a Deputy, contact our team online, here.
Can MG Legal, Solicitors near me, help?
Yes. Our expert local solicitors near to you are experts in making applications to the Court for a Deputyship Order, and have years-upon-years of experience in making and registering Lasting Powers of Attorney. Our team understand that the process can be overwhelming, and that’s why we’re here to guide you through the process and help your matter be completed as efficiently and professionally as possible.
How can I contact MG Legal, Solicitors near me?
Our team can be contacted from Monday to Friday, 9am to 5pm, online, here, or at your local office in Lancaster, Garstang, or Longridge.
If it’s outside of Office hours, contact our team via email to firstname.lastname@example.org and a member of our expert team will contact you as soon as possible to discuss your enquiry.
MG Legal - Your Local Solicitors
Share this post: