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Lasting Powers of Attorney from £300.00 plus VAT
Appoint people you trust to make decisions on your behalf, if you can't make them yourself.
At MG Legal, our Lasting Power of Attorney Solicitors are here to help with the preparation and registration of your LPAs. If you want to ensure your affairs are in order, contact our Lasting Power of Attorney solicitors today.
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What are Lasting Powers of Attorney?
Lasting Powers of Attorney (LPAs) were introduced after 1st October 2007, replacing Enduring Powers of Attorney (EPAs). They are legal documents, that allow you to appoint one or more people to make decisions on your behalf during your lifetime. The people you appoint are known as your Attorneys, and they will manage your affairs if you lose the capacity to do this yourself.
Many people believe that making a Will or LPAs is sufficient, not realising that your Will only comes into effect after your death, and LPAs are only usable during your lifetime. Our Lasting Power of Attorney solicitors recommend getting both in place, so that your affairs are in order.
How much do Lasting Powers of Attorney cost?
The cost of making a Lasting Power of Attorney are £300.00 plus VAT, with 'mirror' Lasting Powers of Attorney- being Lasting Powers of Attorney for couples- costing £450.00 plus VAT. Some firms offer 'digital' LPA services, whereby they draft the documents based only on your instructions. At MG Legal, we offer a hands-on approach, guiding you through the process and advising you on the forms throughout, arranging signature and registration of the documents so they're ready to use when they're needed.
What do Lasting Powers of Attorney cover?
There are two types of Lasting Power of Attorney: one relating to Financial Decisions, and the other relating to Health and Care Decisions.
A financial decisions LPA lets your Attorneys handle and manage your property and finances. These decisions can include paying bills, selling property, collecting your pension, and managing your benefits.
A health and care LPA lets your Attorneys make decisions about medical treatment and your day-to-day care. This can include where your live, what you eat, medical treatment you receive, and who you see. Importantly, it also allows you to give consent to your Attorneys making decisions about life sustaining treatment, if you choose to give this.
Why is a Lasting Power of Attorney so important?
Sadly, a common misconception is that a person’s next of kin is automatically entitled to make decisions on their behalf when necessary. This is not usually the case, and just because ‘they’re family’, it doesn’t mean they will legally be able to make decisions on your behalf.
So, if they need to assist you with paying bills, or making decisions about your care in the future, they will likely find this difficult without a registered Lasting Power of Attorney. To speak to an LPA Solicitor today about how we can help you to draft an LPA for a clear, fixed-fee, contact us online here and speak to a solicitor within one working hour.
Lasting Power of Attorney FAQs
First of all, as long as you have made a Lasting Power of Attorney relating to Financial Decisions, and it has been registered making it a valid legal document, without any restrictions on how your Attorneys can act, they should be able to sell property on your behalf.
However, as with any Property Sale, if there is more than one owner, and one of the owners is unable to sign documents themselves, there would need to be another independent person who could make decisions on their behalf.
For example, if you appointed your partner to be your sole Attorney, and they wanted to sell a jointly owned property on both of your behalf, this may not be possible at first glance. In order to deal with the property sale, they may need to speak to a solicitor. If you wish to discuss this, contact our team online, here.
However, if you appointed your partner and, for example, your child, both could join together and deal with the sale as your Attorneys, without needing to place the property into a Trust.
If your Attorney is not a co-owner of your property, they should encounter no issues with selling the property.
Your signature, and the signature of your Attorneys, should be witnessed by an independent witness over the age of 18, who has capacity themself. In the case of LPAs, Attorneys can witness each other's signatures.
If you are instructing our LPA Solicitors to draft the documents on your behalf, our team can act as your witness.
Yes. Another common misconception is that if you have a Lasting Power of Attorney, you don’t need a valid Will, and vice versa.
These are both completely separate legal documents. Your Lasting Powers of Attorney can be used only whilst you are still alive. Your Will would only come into effect once you have passed away. Therefore, it’s really important to have both in place.
If your Attorneys are friends or family, they should not really be paid for acting as your Attorneys. If the Donor wants to compensate the Attorney, for example if they have to leave their job to care for the Donor full time, they should speak to the Office of the Public Guardian, or the Department for Work and Pensions about carer’s allowance.
If your Attorney is a professional, they will usually discuss their charges with you before you agree to appoint them. They will generally charge for any work that they carry out on your behalf as your Attorney. To find out what our expert Lasting Powers of Attorney Solicitors charge to act as your professional Attorney, contact our team online, here.
As a Lasting Power of Attorney is a legal deed, the Office of the Public Guardian stipulates that it must be copied in a particular way. They offer guidance about how to do this when they send you the final document, after it has been registered. However, it’s important to note that most organisations won’t accept just a plain copy of the original document, at least not without sight of the original.
If you Attorneys are appointed in the Health and Care decisions Lasting Power of Attorney, they may be able to make decisions about putting you into care, providing that you no longer have capacity to make these decisions yourself. If you still have capacity, they won’t be able to make decisions on your behalf about care. Although, you can still discuss this with them, if you wanted to.
No, an Attorney should not make gifts to themselves, in most cases. This could be seen as dishonest, and could give people a reason to dispute their ability to act as an impartial, efficient Attorney.
If an Attorney feels like they have no other option than to make a gift to themselves, they should contact our Lasting Power of Attorney solicitors.
There are different ways your LPA Attorney can Act, if you are appointing more than one: they can either act "jointly" (which means that they must make all decisions together) or "jointly and severally" (which means that they can make decisions together or separately). Alternatively, they can be appointed "jointly" for some decisions, and "jointly and severally" for other decisions.
Quite often, people automatically think that they would want their Attorneys to act "jointly". However, one issue with this can be that if one of the Attorneys is unable to act, for example if they are out of the country, if they become ill, or if they predecease you, this could invalidate the document, and mean that none of your Attorneys can act at all.
Therefore, more often than not, it’s better to appoint your Attorneys to act "jointly and severally".
Your Certificate Provider can be one of two types of people: either a professional, or someone who has known you for at least two years.
Normally, when MG Legal's team are drafting your Lasting Power of Attorney on your behalf, we would be able to act as Certificate Provider.
If you’re not using our professional services, you may be able to ask another professional, such as your GP, or you could ask a neighbour, colleague or friend who has known you for at least two years. You cannot ask a family member or a relative’s partner. In addition, you cannot ask your own partner, if you are unmarried.
In order to be valid, your Lasting Power of Attorney will need to be registered. The public body responsible for registering Lasting Powers of Attorney is the Ofifice of the Public Guardian.
You can find out more about the gov.uk guidance in relation to the Office of the Public Guardian, here.
You can make a Lasting Power of Attorney without registering it immediately. However, if there are any issues with the documents (i.e. you have made a mistake when you drafted them, or you have not signed them correctly), this could mean that the documents cannot be registered until the issues have been corrected. If the Donor has already lost capacity when the application is being made to register the documents, this could cause problems, such as being unable to proceed with the registration.
Once the documents have all been correctly signed, they can be submitted for registration to the Office of the Public Guardian.
The Office of the Public Guardian will start the registration process, which normally takes in the region of 8 to 10 weeks. This includes a 4 week legally mandated waiting period, in which the Office of the Public Guardian has to wait to register the documents to give people time to object or raise any concerns to the registration.
No. A Lasting Power of Attorney cannot be used before it has been registered with the Office of the Public Guardian.
Many people assume that it is complicatied and time-consuming to set up an LPA, but this does not have to be the case. Because of this, people often put off setting up their LPA, and many unfortunately do so until it is too late and they are not in a fit state to get things in order.
There are many things to consider when setting up your Lasting Powers of Attorney. These include, but are not limited to:-
What you would like your LPA to cover
Who you will appoint as your Attorney
Whether you would like more than one appointed Attorney
When you would like your Attorney to be allowed to act
What you would like to be done in the instance that your chosen Attorney is unable to act
The number of different factors involved in the process can leave many people feeling overwhelmed. Here at MG Legal local solicitors, we work hard to ensure that everything is taken care of for you.