Lasting Powers of Attorney

There may come a time when you are unable to make decisions independently or communicate them clearly. It’s a wise idea to think ahead and create a Power of Attorney now, since this will significantly streamline matters if or when that situation arises.

With a Power of Attorney (POA), you can designate one or more people as your “attorney” or “attorneys” to act on your behalf when making choices and decisions.

Merriman Solicitors have served the areas of Marlborough and Wiltshire for over 250 years, providing clear legal advice, including help and support with Lasting Powers of Attorney. We are Power of Attorney solicitors.

What is a lasting power of attorney (LPA)?

A Lasting Power of Attorney is a legal document that can be used to make decisions regarding your health and welfare and/or financial matters. The LPA gives your chosen Attorney(s) the power to make decisions on your behalf if you are unable to do so yourself, due to infirmity, mental or other incapacity, illness, or absence abroad.

The person making the LPA (known as the donor) never loses the power to make their own decisions; an LPA simply confers those same powers on the appointed attorneys. The main role of an attorney is to help the donor make their own decisions. It is only when the donor no longer has the capacity to take part in the decision-making process, can an attorney make decisions on the donor’s behalf without consent. This is clear from the Lasting Power of Attorney Guidance.

LPAs replaced Enduring Powers of Attorney in October 2007 following the introduction of the Mental Capacity Act 2005. However, existing Enduring Powers of Attorney remain valid. LPAs can only be made when a person, the donor, has mental capacity but they cannot be used before the LPA has been registered with the Office of the Public Guardian.  Lasting Power of Attorney fees of £82 are payable on registration with the Office of the Public Guardian and if 2 types of Lasting Power of Attorney are registered, the fee is payable on both documents.

 

What’s the Difference between Enduring and Lasting Powers of Attorney?

• Before October 1, 2007, the law provided for Enduring Powers of Attorney. EPAs created before this date remain legally valid, but only LPAs can be made after that date.
• Most LPAs are registered immediately following their creation, and once registered, they are ready for use even if at that stage they do not need to be used.
• EPAs are only registered when a donor loses mental capacity. This can be a lengthy and drawn-out process, often at a time when decisions need to be made. This is why many people choose to replace an old EPA with a new LPA.
• It is only possible to make a Lasting Power of Attorney for Health and Welfare after 1 October 2007. Earlier EPAs only related to finance and property.

 

What Are The Two Types of Lasting Power of Attorney?

Health and Welfare

A Health and Welfare LPA is a legal document that gives the attorneys authority to make decisions (that include your care, where you live, and where appropriate, who should visit) on your behalf, if you cannot make such decisions yourself.

It requires a donor to advise who they would like to make life sustaining treatment decisions on their behalf if the donor cannot do so. The donor’s choice is between delegating such powers to their attorneys to make as if they were the donor, or alternatively, to leave such decisions in the hands of the doctors who nevertheless are obliged to take account of the attorneys’ views. This is a personal decision of the donor, and neither is right or wrong.

Decisions that attorneys can make on your behalf in relation to health and welfare include:

• Decisions on medical treatment, including how, when, and where medical treatment should be given.
• Where you reside
• Who you should have contact with

Without a Health and Welfare LPA, social workers could be appointed by the court to make decisions in place of your preferred family members, which could result in delays and possibly court proceedings where there are disagreements.

Furthermore, the LPA also allows you to appoint one or more replacement attorneys in the event of the death of an attorney, or if an attorney is unable or unwilling to act.

Property and Financial Affairs 

If you struggle to fill out paperwork, use email, or have physical difficulties such as, going to the bank, an LPA may be very helpful in managing such tasks amongst other decisions that we all make on a daily basis. Even if the donor of an LPA loses capacity, a previously made and registered LPA will still exist.

Decisions that the attorney can make on your behalf in relation to property and finance include:

• Checking and Paying bills
• Dealing with their tax
• Dealing with the bank
• Dealing with investments
• Claiming benefits, pensions, and allowances
• Buying or Selling your home, and maintaining or repairing it
• Buying things that the donor may specifically need

Attorneys are bound by the Mental Capacity Act 2005 guiding principles, and the Lasting Power of Attorney Guidance under the Act. Decisions must always be made in the donor’s best interests, and attorneys must abide by the guiding principles of the Act. A Lasting Power of Attorney Guide is available to help attorneys. With LPAs in place, individuals can rest assured that their affairs will be handled with care and according to their wishes, as well as being subject to the scrutiny of the Office of the Public Guardian.

How much does Lasting Power of Attorney cost?

Single	Cost	VAT	Total
Finance LPA or Welfare LPA	£450.00	£90.00	£540.00
Finance LPA & Welfare LPA	£750.00	£150.00	£900.00
Finance LPA for Business Owners (from)	£795.00	£159.00	£954.00

Double	Cost	VAT	Total
Finance LPA or Welfare LPA (Mirror)	£750.00	£150.00	£900.00
Finance LPA & Welfare LPA	£995.00	£199.00	£1,194.00

Other	Cost	VAT	Total
General Power of Attorney	£295.00	£59.00	£354.00
Registration of Enduring Power	£595.00	£119.00	£714.00
Registration of LPA	£395.00	£79.00	£474.00
Codicil	£295.00	£59.00	£354.00
Codicil (mirror)	£395.00	£79.00	£474.00
Joint NOC	£250.00	£50.00	£300.00
Unilateral NOC	£350.00	£70.00	£420.00
Urgent will (from £750 plus VAT)	£750.00	£150.00	£900.00

*Charge on a time basis with a guide of starting from £750

 How long does it take to make a Lasting Power of Attorney?

It need only take a few days to prepare an LPA for signature, but the time taken by the Office of the Public Guardian to register an LPA usually takes 3 to 4 months.

How can Merriman Solicitors help?

Our knowledgeable specialists at Merriman Solicitors will talk you through the procedure and offer specialised Lasting Power of Attorney guidance. Merriman Solicitors are Power of Attorney solicitors.

In addition to providing advice on safeguarding a person’s capacity to handle their affairs and make future plans, we are here to discuss any aspect of making a Lasting Power of Attorney. If you need legal advice about making a Lasting Power of attorney or any related matter don’t hesitate to contact any member of our team or fill out the contact form. 

Let us assist you in easing your worries about your estate and financial administration.