A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or make decisions on your behalf. It lets you decide who will be able to make these decisions if you have an accident or though illness can’t make them for yourself.

To make an LPA you must be over 18 and have mental capacity, i.e at the time you make the LPA you must be able to make your own decisions.

There are 2 types of LPA you can have one or the other or both. Your attorneys can be different in each if you prefer.

You can cancel your LPA at any time, as long as you have capacity to do so, and your attorneys cannot make any changes to your will.

Lasting Power of Attorney for Property and Financial Affairs

This allows you to appoint one or more people to make decisions on your behalf regarding your money and property. This could be paying bills, collecting benefits, selling your home etc. The LPA can be used at any time (with your permission) so, for example, if you had a fall and were housebound for a period of time your attorneys would be able to manage your affairs during this time at your direction. If you lost capacity and couldn’t make decisions for yourself your attorneys would also be able to do this on your behalf.

Your attorneys can only use your money and property for your benefit and must allow you to make your own decisions as far as possible, even if they think they are bad decisions.

Lasting Power of Attorney for Health and Welfare

This allows you to appoint one or more people to make decisions on your behalf about your health and welfare. Your attorney can make decisions about things like where you live, your medical treatment, the care and support you receive, who you have contact with, what kind of social activities you take part in. In the application for the LPA you will also be asked to declare whether or not your attorneys have the power to make decision about life sustaining treatment. This LPA can only be used if you have lost capacity or if you cannot make your own decisions.

The application process:

To complete the paperwork for your lasting power of attorney you need to appoint the following people:-

• Someone to act as your Attorney – These are the people you want to make decisions for You must have at least one but can have up to 4. Note however, that too many attorneys might make things more difficult. You can appoint the attorneys to act either alone or jointly with each other. If appointed to act jointly each attorney must agree and may have to be present at the same time to carry out any transaction. You can appoint different attorneys to look after your property and finances to those you appoint to look after your health and welfare, or they can be the same.

• A Certificate Provider – This is an independent person who is able to confirm that you understand the significance of your LPA. They must have known you well for at least two years or have relevant professional skills to enable them to confirm that you understand the significance of your lasting power of attorney (for example, your GP or solicitor). They also need to certify that no fraud is involved and no-one is putting your under pressure to apply for the Your attorney(s) or replacement attorney(s) cannot act as a certificate provider.
• As an extra level of protection you can nominate at least one person to be told (this may not be necessary). This should be an adult (or adults) who knows you well. Before your LPA is registered, the people to be told are given an opportunity to raise any concerns or objections. Your attorney(s) or replacement attorney(s) cannot also act as a person to be told. You can have between 1 and 5 people to be told.
• Replacement attorney(s) – This is the person(s) you want to make a decision for you if your attorney(s) cannot act for you You do not have to appoint any replacement attorney(s) but you can have up to 4.
• Witnesses – These are the people who see your lasting power of attorney being signed, and who then sign themselves to confirm that it was signed in their presence. When you sign at the end of part A your signature must be witnessed. Your certificate provider or person to be told can act as a Your attorney(s) or replacement attorney(s) cannot act as a witness.

When you make your LPA with PD Lawyers we can act as Certificate Provider and provide a witness for signatures.

Timescale

Each of the people above will need to sign the Lasting Power of Attorney before an application to the Office of the Public Guardian can be made. They need to sign in the following order:

• Donor
• Certificate Provider
• All Attorney(s)
• Replacement Attorney(s)

Once all have signed the LPA it is then sent to the Office of The Public Guardian who will acknowledge receipt and then hold it for four weeks before they return it validated. This four week period is to enable any objections to the LPA to be raised and looked into.

When the four week period has expired the Office of The Public Guardian will seal the LPA and return it to us and we will send it on to you for your safe keeping.

Cost Information

The Office of The Public Guardian charge a fee of £82 for each LPA. However if you are on any of the following benefits you may be able to apply for a reduction or exemption to the fee:-

• Income Support
• Income based job seeker’s allowance
• State Pension Guarantee Credit
• A combination of Working Tax Credit and either Child Tax Credit, Disability Element or Severe Disability Element
• Housing
• Council Tax Benefit (not 25% single occupancy reduction or exemption)
• Local Housing Allowance

If your gross annual income is less than £12,000 – Fee remission of 50% can be claimed

For example if a single person wanted both Health & Welfare and Property and Financial LPAs our legal fees would be £600+VAT plus OPG fees. If a married couple both wanted Property and Financial LPAs only our legal fees would also be £600 +VAT plus OPG fees.

Your Certificate Provider may also charge a fee.