LPA
Our specialist Court of Protection and Office of the Public Guardian team are here to help with everything from Power of Attorney to Deputy applications.
LPA
LPA
Welcome to QLAW’s Power of Attorney (LPA) homepage.
At QLAW, we understand the importance of ensuring your wishes are respected, even when you’re unable to make decisions for yourself. Our expert solicitors provide comprehensive guidance on setting up an LPA, whether for health and welfare or property and financial matters.
With clear advice and compassionate support, we’ll help you navigate the process with confidence, ensuring your future is in safe hands. Contact us today to get started.
Meet Neil
Hi. I’m Neil (Quantick), and I’m the ‘Q’ in QLAW!
A very warm welcome to our website, and we hope that you find just what you’re looking for. If you don’t, do get in touch – we’d to hear from you
Services
Finance LPA
Health LPA
Certificate Provider
Attorney Services
Deputy
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Legal guides
FAQs
A Lasting Power of Attorney (LPA’) is a legal document giving someone you trust (your Attorney) the power to make decisions on your behalf.
There are two types of LPA – Property & Financial Affairs and Health & Welfare.
Your Attorney can be anyone you choose. You should trust the person as they will be making important decisions on your behalf if you have lost capacity and are not able to. They need to be over 18 and cannot be bankrupt.
You should think carefully about the practicalities of who you appoint. Do they have the time? Are they willing to act? And is it convenient for them and you (for example are they local)?
A Health & Welfare LPA gives your attorney(s) power to make decisions about your daily routine (such as washing, eating, dressing), medical care, moving into a care home and life-sustaining treatment. It can only be used if you’ve lost mental capacity and are unable to make your own decisions.
To get a Health & Welfare Lasting Power of Attorney (LPA) you will need to complete a form LP1H. You will of course need to decide on who will be your attorney(s), and you will also need someone to act as your “certificate provider” (someone who knows you or a professional who can certify that you know what you’re doing, the implications of the LPA and that no one is forcing you to do it) and an independent witness. You will then need to send the signed form to the Office of the Public Guardian and pay the registration fee of £82.
As at summer 2022 the registration fee for a Lasting Poer of Attorney is £82 payable to the Office of the Public Guardian.
A property & affairs LPA is a legal document where you can appoint someone on your behalf to make decisions relating to your property and financial matters.
Depending on which option you select when making the LPA you can elect for them to act whilst you have capacity and if you lose capacity. You can also restrict it so they can only act when you no longer have capacity.
Yes, your attorney can sell your house! This assumes that there are no restrictions in the Lasting Power of Attorney precluding this.
Prices
Downloads
About Lasting Power of Attorneys (LPAs)
A Lasting Power of Attorney (often called LPA) is a legal document that lets other people (known as ‘attorneys’) make decisions for you should you want them to, or if you become unable to do so yourself. You (known as the ‘donor’) must be over 18, and of ‘sound mind’.
What types of LPA are there?
There are two types of Lasting Power of Attorney:-
- Property & Affairs – dealing with cash assets and houses/buildings
- Health & Welfare – dealing with your health and care, right through to end of life treatment decisions
How do I get Lasting Power of Attorney?
You get an LPA by completing prescribed forms, and then registering them with the Office of the Public Guardian (OPG).
Is there a Court fee?
Yes. The OPG charge £82 to register each LPA. This is true whether you prepare the forms yourselves, or you have a solicitor do it for you.
How much is a Lasting Power of Attorney?
Doing the LPA forms is FREE is you are happy to them yourselves. The government website has a whole section on creating Lasting Power of Attorneys where you can also create one online.
But, beware! It is a VERY ‘admin’ heavy process! Why not let us do all the hard work for you? We can anything from just acting as your Certificate Provider, through to dealing with the whole application process and registering the LPAs with the OPG too.
Who can be my Lasting Power of Attorney?
Any one you would like! But, remember it is a big ask and likely to create a lot of work for someone if you do loose capacity. Come what may, your LPA should be:-
- Over 18
- Sound mind
- NOT bankrupt
Can I include restrictions in my Lasting Power of Attorney?
Yes you can, but do you want to. There is a worthy school of thought that you should (a) choose your attorney(s) carefully and then (b) not try to tie their hands. Who knows what the future might hold, and despite all of your best intentions, creating restrictions may end up creating issues in the future.
READ MORE ABOUT RESTRICTIONS HERE >
What is a Certificate Provider?
Your Certificate Provider is confirming to the OPG that you are:-
- Of sound mind
- Understand the full implications of the LPA and what it does; and
- You are not being put under pressure by anyone to make it
READ MORE ABOUT CERTIFICATE PROVIDER >
If you would like to do a DIY LPA, but need a Certificate Provider, this is a service that QLAW offers.
What is the difference between Lasting and Enduring Power of Attorney?
Lasting Power of Attorney now has two specific types: Property & Affairs, and Health & Welfare. Enduring Power of Attorney was just one simple ‘catch all’ appointment. LPAs replaced EPAs in 2007. But, an EPA made prior to that remains valid.
Do I need an LPA if I have an EPA?
Your call. The Health & Welfare is the most notable addition that came into force with LPAs (ie over the old EPA). This allows your appointed attorneys to have notable responsibility right through to issues around end of life treatment.
How to Register a Lasting Power of Attorney
You must register your completed LPAs either online at Gov.uk, or if you have plumped to apply by paper then you must send it to:-
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
How to activate Lasting Power of Attorney
When it comes to actually using the LPA in practice, this is likely to be when the donor loses capacity. This may be ‘black and white’ eg after a stroke or other major medical issue, or more likely a gradual process over time. Read more about who decides if I have lost capacity here.
Whenever that time comes, your attorney’s will need to register themselves with each and every bank, investment, local council etc to then look after things on your behalf. Historically that was a laborious task often attending personally at each and every organization with the LPA. There is now an electronic secure access available via the Gov.uk online service in which your attorneys can provide access to banks and so on online.
Contact
Whichever of our expert solicitors you need to talk to, we’ve made it as easy as we can to be available to you. So whether you need to speak to your conveyancing solicitor, or your wills and probate solicitor – get in touch with QLAW today!
(Estate Planning Team)
Skinner House, 38-40 Bell Street,
Reigate, RH2 7BA