Lasting Powers of Attorney (LPA)
Lasting Powers of Attorney enable you to choose who will act on your behalf if you lose mental capacity. Making this decision and recording it in a legally binding document is essential.
Scott Bailey’s highly regarded Wills, Trusts, and Probate team has extensive experience in this area. Our expert solicitors will guide you through the entire process, from selecting your attorney to drafting and registering your legal documents, ensuring your wishes are respected and your loved ones are protected.
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What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document used to appoint one or more individuals to make decisions on your behalf should you lose mental capacity.
The prospect of being unable to make decisions for yourself can be scary. However, appointing a person or people you trust as your attorney can offer you peace of mind.
There are two types of LPA: a Property and Financial Affairs LPA and a Health and Welfare LPA. You can appoint the same attorneys for both types of LPA or different attorneys for each.
Different appointments can be chosen on how and when your attorneys will step in and work together. You may decide your attorneys can only act together, known as jointly, that they can work together or independently of each other, known as jointly and severally, or a combination of the two depending on the decision.
Typically, jointly and severally is the most practical. If joint, the LPA is invalidated if an attorney dies or loses capacity themselves. However, our expert LPA solicitors can advise you on the most suitable option for you.
How much does an LPA cost?
Scott Bailey’s current charge is £750 plus VAT to prepare both types of LPA or £550 plus VAT to prepare only one type of LPA.
For a couple, the charge to prepare both types is £1,150 plus VAT and to prepare only one type is £750 plus VAT.
In addition, there is a registration fee which is payable to the Office of the Public Guardian who oversee the registration and use of an LPA. This is £82 per LPA.
What happens if you do not have an LPA?
If you lose mental capacity and do not have an LPA, your spouse or family does not automatically become your attorney. To make decisions on your behalf, they must apply to the Court of Protection for a Deputyship Order, which is a complex and costly process.
Do you need a solicitor to prepare an LPA?
You are not legally required to use a solicitor when you create an LPA. However, there are some significant benefits to using one:
- Expertise: Without legal expertise, you risk making mistakes that could invalidate your LPA. Using a solicitor helps ensure your LPA meets all the legal requirements and the process is completed correctly, including registering your LPA with the Office of the Public Guardian.
- Reliable Legal Advice: Scott Bailey’s expert solicitors can provide impartial and personalised advice based on your circumstances. Your solicitor will be able to advise you on the best way to ensure your wishes are respected, including through the use of the LPAs.
- Create an Estate Plan: LPAs are just one of the instruments you can use to ensure your wishes are respected. Our expert solicitors can also help you create and implement an effective estate plan incorporating LPAs alongside other estate planning instruments, such as Wills and Trusts.
How long does an LPA last?
Once created, an LPA remains in effect until:
- it is revoked by the donor (creator of the LPA);
- all of the named attorneys disclaim their appointment; or
- the donor dies.
It is also possible for the LPA to end should an attorney die, lose capacity, become bankrupt or if they were your spouse at the time of making the LPA but you later divorced. This can be avoided by taking legal advice from a qualified solicitor on the preparation of your LPA to ensure the LPA is prepared to avoid the unintended end of your LPA.
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