Lasting Powers of Attorney (LPAs)

Lasting Powers of Attorney
It is often incorrectly assumed that Lasting Powers of Attorney (LPAs) are designed solely for elderly persons. This is simply not the case - we advise clients of all ages to consider preparing LPAs to ensure their affairs (and those of their families) are protected. Sadly, injury and illness can happen to anyone at any time and nobody knows when they may require the use of these tools. The alternative is a lengthy, stressful and expensive route through the Court of Protection to obtain a Deputyship Order.

We have set out a brief background of Lasting Powers of Attorney below for your information:

A Lasting Power of Attorney is a useful instrument that allows you to appoint someone who would be called your Attorney to make decisions on your behalf.

There are two different types of LPA:

1. LPA for Property and Financial Affairs
The LPA for Property and Financial Affairs gives your Attorneys the authority to deal with your property and finances, including buying and selling of property, operating bank accounts and investments and dealing with Tax and Benefit affairs.

2. LPA for Health and Welfare
The LPA for Health and Welfare gives your Attorneys the authority to make decisions about where you should live, suitable care, consenting or refusing medical treatment on your behalf and palliative care / end of life decisions. This can only arise if you have lost mental capacity to make these decisions yourself. You remain in sole control of these decisions until such time.

By choosing who you want to make decisions for you the LPA puts you in control of decisions eventually being made on your behalf.

The LPAs we produce often include guidance notes (the contents of which we will discuss with you) to help your Attorneys make decisions on your behalf that are in line with your wishes.

The LPA will become active only once it is registered at the Office of The Public Guardian. It can then be used with your consent whilst you retain the ability to make decisions (if you would prefer not to become involved in the paperwork involved in a house sale, for example) or if you become ill and incapable of making decisions and managing your own affairs.

The LPAs can only be used in England and Wales and your Attorneys will be bound by strict rules set out in the Code of Practice of the Mental Capacity Act 2005 – meaning that the Office of the Public Guardian could step in if your Attorneys failed to act in your best interests and your Attorneys could be held liable.

We recommend clients obtain both types of LPA to ensure their Attorneys will have the scope to fully manage their property and health affairs should it be necessary to do so.

Rundlewalker fixed fees:
Preparation and registration of a single LPA for one person: £350 plus VAT
Preparation and registration of both LPAs for one person: £500 plus VAT
Preparation and registration of a single type of LPA for two persons: £500 plus VAT
Preparation and registration of both LPAs for two persons: £750 plus VAT

Please note that the Court charges £110 for the Registration of each LPA and this will be added to our fees.

Please contact Sam Reid by email or call 01392 209205.

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