The OPG charge extra if you get your LPA wrong and it is rejected.
What types of Lasting Power of Attorney (LPA) are there?
There are two types of Lasting Power of Attorney (LPA) – Health & Welfare, and Property & Affairs.
What does a Lasting Power of Attorney do?
An LPA is a legal document that allows another person (called the ‘attorney’) to look after your affairs if you become incapacitated for any reason – eg an accident or illness.
LPA- what is an attorney?
The attorney is the person appointed to make decision on behalf of someone else (the ‘donor’).
LPA – what is a donor?
The donor is the person making the appointment in favour of the attorney (see above).
What does a Health & Welfare LPA do?
A health & welfare lasting power of attorney allows your attorney (or attorneys if there are more than one) to make decisions for you about matters around your health and care – for example if you need to be looked after in a care home – it allows your attorney to choose for you. This can even extend to decisions about life-sustaining treatment.
What does a Property & Affairs LPA do?
A Property & Affairs Lasting Power of Attorney (LPA) allows your attorney to make decisions about your finances, right through to selling your home!
Can my attorney do the things I used to do?
Yes – that’s the whole point! And/but there is a basic principle that they must do what is in your best interests, and broadly in line with your lifestyle as was. So, if you did not used to give £1mil a year to charity whilst well, it is unlikely your attorney could or should start gifting that money away on your behalf if you become incapacitated. There is a rider to that – and it is that that principle assumes that you have not given a specific instruction or direction in your Finance LPA for your attorney to gift £1mil a year to charity!
Your solicitor can also act as your certificate provide.
Can someone else make the LPA for me?
Yes – someone can help you complete the forms (but see below that you must not be put under duress).
Can I make an LPA online?
You can make an LPA in paper form or online. Someone can help you complete the forms but you must not in anyway be put under pressure.
LPA – who should I choose to be my Attorney?
Your attorney can be a spouse, family member, friend, or professional (eg solicitor).
LPA – who can not act as my Attorney?
You attorney must not have lost mental capacity themselves. You should also be careful to ensure that they have the requisite time, inclination, and skills to help with this potentially very time consuming job.
LPA – What is a Certificate Provider?
Your certificate provider confirms to the Office of the Public Guardian (OPG) that you are of a sound mind at the point at which the LPA is made.
LPA – Who can act as Certificate Provider?
There is a limited number of people who can act as certificate provider and this is a significant reason for choosing a solicitor to prepare your LPA (as they will generally provide this service as part of the overall price).
LPA – Who can not act as Certificate Provider?
Family members (by blood or marriage) of both donor and attorney are not permitted to act as the certificate provider.
What is the cost of preparing an LPA?
As above, you can complete the LPA forms yourself or with the help of a friend, family member. If you do – it is free of charge (subject to the registration fee explained below)
You might however want the support of a trusted professional advisor. See our latest fees here. And remember – you will have the benefit of our years of experience, of us acting as your certificate provider, and of us ensuring that you do not incur penalty charges if you get your LPA forms wrong!
Is there a difference between an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA)?
Yes – EPA’s were the old system and were replaced by LPA’s some time ago. You can no longer an EPA, but if you or a relative made an EPA during the period when it was still permitted, then you can continue to use it.
How much does it cost to Register an LPA?
If you earn less than £12,000 you may be able to apply for an exemption. The normal registration fee for a lasting power of attorney is £82 per form. This fee is the same whether you prepared the forms yourself, or had a professional adviser (solicitor) to prepare the forms for you!
What if I make a mistake competing the LPA before Registration?
If the mistake is too bad, the Office of the Public Guardian may simply insist you start again. You will lose your £82 registration fee, and have to start over! Even if the mistake in the LPA is minor and
they allow you to correct it, they will charge you a further fee of £41. This is another good reason for choosing an expert LPA solicitor to complete the forms for you.
Would you like help preparing a Lasting Power of Attorney?
Please speak to one of our expert LPA solicitors if you would like help making and registering an LPA. We can do everything in person (if you are local to us), or online if you would rather – by Zoom, telephone and email (meaning you do not even have to lave the comfort of your home)!