A Lasting Power of Attorney is a legal document which allows you to give power to someone of your choosing, whom you trust to make decisions on your behalf if you should lose the capacity to do so yourself.
From 1 October 2007, Enduring Powers of Attorney (EPA) have been replaced with Lasting Powers of Attorney (LPA). The LPA remains effective after the donor loses mental capacity, in the same way as the old EPA did.
Yes, as long as it was correctly signed before 1 October 2007, the Enduring Power of Attorney will remain valid.
What’s the difference?The EPA could only relate to financial issues, whereas the new LPA can also refer to personal welfare issues.
Whatever the donor's mental capacity, the LPA must be registered with the Court of Protection (also referred to as the Office of the Public Guardian) to become effective. There also has to be a "certificate provider". This is a person who provides a certificate confirming that the donor understands what s/he has signed and understands its contents, and that no pressure has been brought to bear on the donor. The certificate goes to the Court as part of the LPA.
No, this can all be done by your solicitor. All you will need to do is sign the document itself.
If you leave it until you are unable to express your wishes (perhaps due to a medical incident such as a stroke, or an accident), trying to obtain authority to deal with your affairs can be a very expensive and time-consuming procedure which can include obtaining medical opinions and paying court fees. This can exacerbate an already traumatic situation, not only for the person in question but for their loved ones who are trying to help.
There are two parts to the fee itself. The first is a registration fee of £82 per LPA which is payable to the Office of the Public Guardian. You may be entitled to a fee remission or exemption, depending on your financial circumstances. Funnell & Perring Solicitors' legal fees are £200 plus VAT for one LPA, or £350 + VAT for both. This includes discussing the LPA with you, taking your instructions, preparing all the forms, ensuring they are completed correctly to avoid unnecessary delays, and corresponding with all parties including the Office of the Public Guardian.
If you would like to discuss this further, please do not hesitate to contact us on 01424 426287 or email firstname.lastname@example.org
You can get part of your application fee back if you applied to register a power of attorney between 1 April 2013 and 31 March 2017. This applies to Lasting Powers of Attorney and Enduring Powers of Attorney. You must claim your refund by 31 January 2021. Visit the GOV.UK website at https://www.gov.uk/power-of-attorney-refund for more details and to apply online.