What types of Lasting Power of Attorney are there?
Posted on 25th September 2023
A Lasting Power of Attorney (LPA) is a way of giving someone you trust the legal authority to make decisions on your behalf, either if you lack mental capacity at some time in the future or if you require a bit of assistance with your finances. When you make an LPA, you are known as the Donor.
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There are two types of LPA which can be made, and the Donor can choose to make either one or both types. There must be an individual LPA made for each person.
What are Attorneys in Lasting Powers of Attorney?
The Donor must appoint at least one Attorney (person, or trust corporation) who they wish to make decisions on their behalf. The Attorney’s details must be included in the LPA, including their full name, address and date of birth.
The Donor can appoint more than one Attorney, and they can also appoint replacement Attorneys, who can act if the initial Attorney or Attorneys are unable to.
If there is more than one Attorney, the Donor must decide whether to appoint them jointly, severally or jointly and severally. Jointly means that the Attorneys must all make decisions together. This can be an issue if one of the Attorneys is unable to act (such as for medical reasons or if they die), as this can render the LPA unusable. Severally means that the Attorneys make all decisions separately. The final option is jointly and severally, which means that the Attorneys can make decisions together or separately, and this option means that if someone is unable to act, the LPA can still be used.
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Financial Decisions Lasting Power of Attorney
This can be used while someone still has mental capacity, at their direction, or if a person loses capacity, to make decisions on their behalf. You can state in your LPA application that you only want it to come into force if you lose capacity.
An attorney can generally make decisions on things such as:
Buying and selling property
Paying the mortgage
Investing money
Paying bills
Arranging repairs to property
You can restrict the types of decision your attorney can make, or let them make all financial decisions on your behalf.
Health and Care Decisions Lasting Power of Attorney
This covers decisions about health care as well as personal welfare, and can only be used by your attorneys, if you lose mental capacity.
An attorney can generally make decisions about things such as:
Where you should live
Your medical care
What you should eat
Who you should have contact with
What kind of social activities you should take part in
You can also give authority for your attorneys to make decisions about life-sustaining treatment.
How do you know if someone has capacity to make Lasting Powers of Attorney?
When a person makes a Lasting Power of Attorney, they must have capacity to make this themselves, and to understand the terms of the documents. The provisions contained in the Mental Capacity Act 2005 set out how to assess a person's capacity, which can be applied when someone is making Lasting Powers of Attorney.
To confirm a person has capacity to make the documents, the LPA must be signed by a certificate provider, who confirms that you understand it and haven’t been put under any pressure to sign it. They must be someone you have known for 2 years or more, or a professional person, such as a doctor, social worker or Lasting Power of Attorney Solicitor. They must be over 18 years old, and not related to the Donor or the Attorneys.
If there is any doubt about a person’s capacity, a medical report by a qualified medical professional, such as a GP, may be required.
When can Lasting Powers of Attorney be used?
The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used, which typically takes around 26 weeks at this time. The documents cannot be used until they have been registered, so our Lasting Power of Attorney solicitors recommended that people make these whilst they still have full capacity, and are less likely to need these documents, rather than waiting until they are urgently required, as they may not be urgently available.
How much do Lasting Powers of Attorney cost?
Our Lasting Power of Attorney solicitors at MG Legal currently charge fixed-fees for preparing and registering Lasting Powers of Attorney.
These are:
£300.00 plus VAT for one type Lasting Power of Attorney (i.e. a single person making a Financial LPA only)
£450.00 plus VAT for both types of Lasting Power of Attorney or for a couple to make one Lasting Power of Attorney each.
£750.00 plus VAT for both types of Lasting Power of Attorney for two people.
There is a registration fee of £82.00 per document, unless the Donor qualifies for a fee remission or exemption. This is usually assessed based on financial means, and the form for this remission is called an LPA120.
Should I use a solicitor to draft Lasting Powers of Attorney?
You can make Lasting Powers of Attorney yourself online. Indeed, legislation has recently been proposed (currently awaiting Royal Assent) to make the procedure of Lasting Powers of Attorney digital and easier. However, the documents can be confusing, and not everyone is able to access digital applications.
Our Lasting Power of Attorney solicitors are on hand to assist with the process from start to finish, ensuring you understand the process, the documents you are signing, and that you receive the fully registered documents returned to you, ready to us.
To arrange an appointment to make Lasting Powers of Attorney with our team of local Lasting Power of Attorney solicitors, contact our team by emails at wills@mglegal.co.uk, or contact your local office, here.
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