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Lasting Power of
Attorney

Power of Attorney Solicitors

It may be necessary at some stage of your life to consider what would happen in the event you were unable to make decisions for yourself or you become physically unable to deal with your own affairs.

Powers of Attorney can offer a solution to the vast majority of people to enable their family members, friends or a professional person to look after your affairs without causing too much disruption or delays.

Enduring Power of Attorney

Since 1 October 2007 it has no longer been possible for a person to create an Enduring Power of Attorney. However, if you have made an Enduring Power of Attorney prior to the 1st October 2007, it still remains valid and may be registered at the Office of the Public Guardian.

Lasting Powers of Attorney

Lasting Powers of Attorney (LPA) have replaced Enduring Powers of Attorney but offer the flexibility of covering your financial affairs together with your health and welfare matters.

  • A property and financial affairs LPA is for decisions about finances, such as selling your residential home and managing your bank accounts and investments.
  • A health and welfare LPA is for decisions about your health and personal welfare, such as choosing where to live i.e. your home or residential care, daily needs or having medical treatment.

An Attorney (over the age of 18) is appointed to make decision on your behalf for you and must always act in your best interests. You are able to appoint more than one attorney but you must specify as to whether they should act together or independently.

Before the LPA may be registered it must be signed by the donor, the attorneys and also a certificate provider. A certificate provider is an authorised person that declares that the donor understands the purpose of the LPA.

Once the appropriate signatures have been obtained the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The attorneys will then have legal powers to make decisions for you. The LPA may be registered by you or alternatively your Attorney in the event you no longer have the capacity to do so.

A fee of £110 is currently charged for registration of each Lasting Power of Attorney application. However, if your gross annual income is less than £16,500 you may qualify for a fee exemption or remission.

It must be noted that LPA’s are not available to those who no longer have the capacity to sign a legal document. Your family members or friends will have no option but to make an application to the Court of Protection.

 

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