Lasting Powers of Attorney

Enduring Powers of Attorney (EPA)

Up until 30th September 2007, it was possible to name an Attorney or Attorneys to act on your behalf in relation to your finances and property matters. This type of power did not confer any authority as regards health and care issues. Although EPA’s can no longer be executed it is still entirely possible for Attorneys to act under pre-existing documents.

However, if the person providing the power has since lost their mental capacity, or if there are doubts as to mental capacity, then it is imperative that the EPA is registered with the Court of Protection.

We are able to complete the documentation for registration and deal with the procedural requirements for a fee of £200 plus VAT. There is also an administration fee charge by the Office of the Public Guardian of £120.00.

Lasting Powers of Attorney (LPA)

Following a change in the law from 1st October 2007, if an individual wishes to name other individuals to act on their behalf then they will need to sign an LPA.

An LPA allows a person to choose someone or a number of people (the ‘Attorney’) to make decisions about things such as your healthcare or finances on your behalf at a time in the future when you may lack the mental capacity to make those decisions yourself. There are two types of LPA that can be made:-

1) Personal Welfare LPA

This allows your Attorney to make decisions on your behalf about your personal welfare, such as:

deciding where your permanent place of residence should be;

deciding what care and accommodation may be appropriate for you;

consenting to any medical treatment or procedure or therapy of whatever nature for your benefit and providing access for that, or refusing such consent;

deciding, alone or with others, on the level of care which you may require;

making decisions about your dress, diet and personal appearance as appropriate;

choosing your social and cultural activities;

arranging for you to undertake work, education or training; and

taking you on holiday or authorising someone else to do so.

Your Personal Welfare Attorney can only act on your behalf when you lack the capacity to make decisions for yourself, for example if you are ill, unconscious or because of the onset of a condition such as dementia.

It is important to remember that treatment is ultimately a clinical decision and your Attorney cannot demand treatment which doctors do not believe is necessary or clinically worthwhile.

Also, if you want your Attorney to have the power to make decisions about ‘life-sustaining treatment’ you have the power in this document to expressly give your Attorney the power to make such decisions.

2) Property and Financial Affairs LPA

This allows your Attorney to make decisions on your behalf about your property and affairs, such as:

buying or selling any property you own;

opening, closing or operating any bank, building society or other account containing your funds;

claiming, receiving and using all benefits, pensions, and allowances, on your behalf;

making all tax returns and adjusting and settling any claim for tax;

paying your household expenses;

paying for private medical care and residential care costs;

making gifts on your behalf, including any limits on the size of such gifts or the people that receive them, subject to any restrictions; and

implementing tax planning or similar arrangements (this may need an application to the Court of Protection).

You can appoint a Property and Financial Affairs Attorney to manage your finances and property while you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income. This might be easier for lots of reasons: you might find it difficult to get about or to talk on the telephone, or you might be out of the country for long periods of time.

A Property and Affairs Attorney, using a registered LPA, will be able to make exactly the same kind of decisions you can make now about your money and property, unless you include any restrictions or guidance in the LPA.

Please note that a Personal Welfare LPA does not allow your Attorneys to make decisions in relation to your property and financial affairs and conversely a Property and Financial Affairs LPA will not enable your Attorneys to make decisions relating to your personal welfare. A separate document must be prepared for each matter.

Procedural requirements for LPAs

Each LPA has to be given a certificate that the person making the document (the Donor) has sufficient mental capacity to do so and understands what they are doing. Only certain individuals can supply such certificates. We are able to do so and provide this as part of the overall service, where appropriate.

Also, each LPA application for registration must be notified to a person of your choice who is independent of the document to safeguard your intentions and ensure that no fraud or undue influence for entering into the LPA is being placed on you.

Registration of an LPA

This is necessary before the document can be used. This involves applying to register the document with the Office of the Public Guardian (OPG) and there is a fee payable of £120 to the OPG per LPA. If your income is below £16,500 or if you are in receipt of certain state benefits, you may be entitled to a discount or exemption on this fee.

It is a matter for the person who makes the LPA (the Donor) as to whether they wish to have the document registered immediately which would prevent any delays should the document need to be "activated" later. Alternatively, the LPA could be left unregistered and this could be attended to at a later date by either the Donor or the Attorney.

Fees

Single LPA - either Property and Financial Affairs or Personal Welfare - £295.00 plus VAT.

Mirror LPA’s (for example - for husband and wife) - either Property and Financial Affairs or Personal Welfare - £495.00 plus VAT.

An additional fee for acting in the registration of each type of LPA applies of £195.00 plus VAT for a Single LPA or £295.00 plus VAT for Mirror LPAs.

Further Information

The OPG website holds further information regarding LPA’s and can be accessed at: -

http://www.publicguardian.gov.uk/decisions/decisions.htm