After a Will, this has to be the most important document that you will need to prepare. These cover the situations should you become mentally incapable of managing your affairs.
A Lasting Power of Attorney (LPA) consists of two forms:
1. Property and Affairs
This deals with your financial affairs e.g. paying bills or selling your house. Without this document, someone will need to be appointed as your deputy under the Office of the Public Guardian. This is a long complicated and expensive procedure. A Property and Affairs Lasting Power of Attorney avoids these complications.
This deals with issues such as decisions over life sustaining treatment, complaints about your care, what activities you should participate in, arranging routine medical appointments and your day-to-day needs for example your diet and dress as well as assessments for and provision of community care services including where you should live and who you should live with.
Sign up to join our free Zoom webinar to find out more
If you are interested in finding out more about LPAs we run a monthly webinar on the second Thursday of every month. To register your place click here.
How does the process work?
Please note that once the documents are prepared your attorneys cannot act on them immediately. In order for your attorneys to act under the document they will need to be registered with the Office of the Public Guardian which charges a £82 registration fee per document.
Just like our Wills service we offer a consultation where we will give you advice regarding the Lasting Powers of Attorney and clarify any queries which you may have. We will then prepare the relevant documentation and send you a draft through the post. Once you are happy with the document you can then either come back to our offices to sign it or we can send it to you in the post.
As part of the Lasting Power of Attorney process a Certificate Provider will need to sign the document. This person signs the document to certify that you have the requisite mental capacity to prepare the document and that you understand what the document does. Our solicitors are happy to act as your Certificate Provider. Once you sign the Lasting Power of Attorney the Certificate Provider will then need to sign the document. After their signature, the document can then be sent to the attorneys and replacement attorneys for their signature.
Once everyone has signed the document it can either be stored free of charge in our safe storage facility until you wish to register it or we can adhere to the registration straight away.
If you choose to register the document, further documentation will be prepared for your signature. We will then send the document to the Office of the Public Guardian for registration. Once registered we can send you certified copies in the post so your attorneys can start to look after your affairs immediately and store the registered document or we can place the document in our safe until the attorneys need to use it. Storage of the Lasting Power of Attorney(s) is free of charge.
Please see our fee for Lasting Powers of Attorney below:
|Without Registration||With Registration|
|Single Person creating one document (either Property and Affairs or Health and Welfare)||£300 plus VAT||£400 plus VAT|
|Couple creating one document each (either Property and Affairs or Health and Welfare)||£400 plus VAT||£600 plus VAT|
|Single Person creating both documents (Property and Affairs and Health and Welfare)||£400 plus VAT||£600 plus VAT|
|Couple creating both documents (Property and Affairs and Health and Welfare)||£600 plus VAT||£800 plus VAT|
*A registration fee is also payable to the Office of the Public Guardian in addition to CWJ fees set out above.