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Lasting Powers of Attorney
We are an ageing nation. We are living longer and more and more of us are becoming dependent on our family and friends for support in later life.
Whilst growing older is a guarantee, it is not guaranteed we will always be able to make decisions about our care and finances.
A Lasting Power of Attorney is a document which, once registered, gives your chosen Attorney’s the authority to make decisions and take actions on your behalf. You can limit your Attorney’s powers so that they can only start to make decisions for you once you have lost mental capacity. Whilst you retain capacity you remain in control.
There are two types of Lasting Power of Attorney; one for Financial decisions and one for Health and Welfare decisions.
Prices
| Single Lasting Power of Attorney | £350 + VAT |
| Two Lasting Powers of Attorney | £550 + VAT |
| Four Lasting Powers of Attorney (for a couple) | £950 + VAT |
There is a standard Court fee of £82 which attaches to each Power of Attorney, which must be paid to enable registration of the document. However, in the event that you are in receipt of certain means tested benefits, such as income support or housing benefit, you may be exempt from paying the Court fee and you will be asked by your file handler, to provide evidence of the same to present to the Court when requesting this concession. Equally, if your annual income is less than £12,000 before tax, you will be entitled to a remission of up to 50% of the fee.
Please discuss your own individual circumstances with your file handler, who will be able to advise you fully.
In the event that you lose capacity without a Lasting Power of Attorney being in place, it will be necessary to consider an application to the Court of Protection for a Deputyship Order.
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Court of Protection
The Court of Protection was created by the Mental Capacity Act and aims to protect those who are unable to make decisions regarding their property and financial affairs and personal welfare due to a lack of mental capacity.
One of the main functions of the Court of Protection is deciding who can manage the affairs of an individual who lacks the capacity to make decisions for themselves.
An application to the Court of Protection is necessary when an individual has lost capacity without executing and registering a Lasting Power of Attorney.
The application to the Court of Protection if for the appointment of a Deputy.
Once appointed the Deputy must then act in the individuals best interests in the same way as they would if appointed under a Lasting Power of Attorney, however, the Court takes a more involved role in the Deputy’s supervision; imposing upon them annual reporting requirements and in most cases the need to obtain a security bond. The security bond acts as an insurance for the assets of the individual who has lost capacity.
If you wish to discuss Lasting Powers of Attorney in more detail or wish to execute and register the documents or if a member of your family has lost the capacity to make their own decisions and has not registered a Lasting Power of Attorney with the Office of the Public Guardian contact our Experts now on 01257 686 386 to discuss your options.
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