Lasting Power of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, or LPA as they are commonly referred to, is a legal document that allows you to appoint someone, known as an attorney, to make decisions on your behalf should you lose the ability to do so yourself.

There are two types of Lasting Power of Attorney: one for financial decisions and one for health and welfare. Anyone over the age of 18 with mental capacity can make a Lasting Power of Attorney.

A Lasting Power of Attorney must be registered with the Office of the Public Guardian to be legally valid. It cannot be entered into if someone has already lost capacity. In those circumstances, an application to the Court of Protection is necessary.

Different Types of Lasting Powers of Attorney

There are two types of LPA, which cover different areas. It is usual for most people to apply for both at the same time, but you can apply for just one if you would prefer:

Property & Financial Affairs LPA

This type of LPA allows your attorneys to make decisions regarding your property and financial affairs (see examples below) and can be used immediately after registration with your consent.

• Buy or sell property.
• Open, close or operate your bank account, building society account and other investments.
• Access your financial information.
• Deal with any benefits, pensions, allowances and rebates.
• Receive income and inheritances.
• Handle your tax affairs.
• Pay any mortgage, rent, household expenses and other expenses or debts.
• Insure, maintain and repair your property.
• Pay for medical or care home fees. However, please note that your attorneys will not be able to make specific decisions about your care, but will be able to deal with the financial aspects.
• Use your money to pay for any equipment, vehicle, etc. for you.
• Invest your savings.

If you would like to set up an LPA for property and financial affairs, our lasting power of attorney teams in Sheffield, Chesterfield and Mansfield can provide you with expert guidance.

Health & Welfare LPA

A Health and Welfare LPA allows your attorneys to make decisions about your medical treatment. This LPA can, if you wish, allow your attorneys to give or refuse consent to life-sustaining treatment (see examples below). It is valid from registration, but can only be used by your attorneys if you were to lose your mental capacity to make decisions yourself.

As experienced power of attorney legal professionals, we will ensure your preferences are legally protected and clearly documented.

• Medical matters, such as giving or refusing consent to medical examination or treatment.
• Arrangements regarding your medical, dental or optical treatment.
• Where you will live and who with, including residential care.
• Decisions about your day-to-day care, including what to wear and what to eat.
• The assessment of any community care service.
• Accessing personal information regarding medical reports or legal records.
• Deciding whether any social, leisure or educational activities are required and going on holidays, or authorising someone else to do so.
• Maintaining personal paperwork and any correspondence received.
• Complaints regarding your care or treatment.

If you have any concerns regarding medical or life-sustaining treatment whilst you retain capacity, we recommend preparing a Living Will. If you require any information about Living Wills, please let us know. 

Not sure whether a Health and Welfare LPA is the right choice for your situation? Our lasting power of attorney experts in Chesterfield and Sheffield can explain your options and help you make the right decision.

How To Choose The Right Type of LPA

If you are unsure which LPA is best for you, requesting power of attorney advice can help guide you through the options based on your personal circumstances. Many clients choose to set up both types of LPA at the same time, particularly where there may be concerns about future health and finances, or where there may be difficult family dynamics, etc.

You don’t need to make these decisions alone, our team will help you understand how each option works and what suits your personal circumstances.

When Should You Contact a Power of Attorney Expert?

It is important to keep in mind that you must be considered to have the mental capacity to make your own decisions at the time the application for an LPA is made. This means that the document is a precautionary measure, and not something that can be requested by family or friends after the fact, should you lose capacity in the future. Once granted, a Lasting Power of Attorney will then last for your entire life.

Whilst Powers of Attorney are often arranged later in life, where the risks of losing mental capacity are higher, we would advise that anyone with complex financial affairs consider them. A lack of capacity can occur at any age, due to illness or accidents, so it’s important to take the appropriate precautions to protect yourself.

Although the Government has taken steps in recent years to try and simplify the process of acquiring a Lasting Power of Attorney, the current system is still one in which we would strongly recommend instructing professional power of attorney experts to guide you through the process. An increase in the number of people applying for LPAs themselves has resulted in a spate of fraud cases, with misuse and abuse of positions of trust being the fastest-growing type of fraud against vulnerable people. It is therefore greatly important that you seek the proper advice and protections when applying for your own Lasting Power of Attorney.

We can help you to ensure that when the time comes:

• Bank accounts can still be accessed and important payments processed
• Decisions can be made on the sale of your property and/or other assets 
• Decisions are made on your Health and Welfare 
• An expensive and complicated Court of Protection order is avoided

If you have any queries about LPAs, please do not hesitate to contact a member of our expert team, who would be more than happy to discuss with you further.

Should you have a relative or friend who has lost mental capacity, but does not have a Lasting Power of Attorney in place, then you may be able to make an application to the Court of Protection.

If you have any queries or want to set up an LPA, speaking with  a power of attorney professional can make the process clearer and more secure. Our experienced lasting powers of attorney teams in Chesterfield and Sheffield are here to guide you through every stage, from registration to ongoing support.

 

Average Cost of a Lasting Power of Attorney

Our legal fees for preparing a Lasting Power of Attorney are fixed; there are no hidden extras. There is currently a court registration fee of £92 per LPA, though discounts and exemptions are available for low-income or means-tested benefit recipients.

If your income is under £12,000 or you receive benefits such as Income Support, Employment and Support Allowance, Housing Benefit or Pension Credit, we may be able to apply for a fee remission or exemption on your behalf.

Why Choose Banner Jones For Your LPA?

Specialist power of attorney professionals with experience across Chesterfield, Sheffield and the wider region.

• Clear, fixed fees with no hidden costs
• Local offices with approachable, expert teams
• A trusted reputation with hundreds of satisfied clients
• Flexible appointments to suit you, including home visits where necessary
• Experience supporting vulnerable clients and families in complex situations

Common LPA questions

I have already appointed Executors in my Will, why do I need an LPA?

The Executors named in your will can only deal with your property and affairs after your death. Executors do not have any powers during your lifetime, even if you lose mental capacity. However, you can choose to appoint the same people as your Executors and your Attorneys. Having attorneys managing your affairs during your lifetime can sometimes help the estate administration run smoothly, as the attorneys, when they become executors (if they are the same people) are already familiar with your financial affairs.

How long will it take to register an LPA?

An LPA can only be used by your attorneys after it has been registered with the OPG. This process can take several weeks.

We encourage clients to consider making an LPA before it is needed. Mental capacity can be lost gradually (perhaps as a result of dementia) or instantly (perhaps as a result of an accident or stroke). Where there are doubts about a person’s capacity it may be necessary to obtain a medical opinion which will add to the cost of the LPA and will delay the process.

What happens if I do not have an LPA?

If you do not have an LPA and you lose mental capacity then an application may be required to the Court of Protection for one person to be appointed as your Deputy. This process can be time consuming and often takes several months. During this period your bank accounts and other assets may be inaccessible to you and your family.

Court of Protection applications can be very expensive – the Court Fee alone is £371.

How much will an LPA cost?

Our legal fees for the preparation of your LPA are fixed fees. There are no hidden extra charges. We can provide you with the detailed breakdown of the fees involved for your specific circumstances.

There will also be the court fee for each application for registration of your LPA which is currently £82.00. However, if your current income is below £12,000 per year then we could apply for a remission of this fee and reduce this amount.

How much will an LPA cost if I am receiving benefits?

If you receive any means-testing benefits, then you could be exempt from paying the court fee altogether. Please let us know if you receive any of the following benefits:-

• Income Support
• Income-based Employment and Support Allowance
• Income-based Jobseekers Allowance
• Guarantee Credit element of State Pension Credit
• Housing Benefit
• Council Tax Reduction/Support
• Local Housing Allowance
• A combination of Working Tax Credit (and at least Child Tax Credit, Disability of Working Tax Credit mor Severe Disability Element of Working Tax Credit.
• But not Disability Living Allowance, Invalidity
• Benefit or Personal Independent Payment.
• If you have been awarded more than £16,000 for personal injury damages which were ignored when they were assessed for one of the above benefits.

How will my LPA attorneys act?

You can appoint a sole attorney but we would recommend that where possible you do not appoint a sole attorney if you have other potential attorneys available, who you trust, and who would be able to work together. If you do appoint more than one attorney then you will need to consider how they will act. They can act together (known as jointly), jointly and separately (also known as severally), or jointly for some decisions and severally for others. These are described as follows:-

Joint and severally

Your attorneys can act together or separately, which can be useful if your attorneys live far apart, or if they become unable or unwilling to act, or for any other reason. However, careful consideration would need to be taken when determining this method, as one attorney may make decisions which your other attorney may not approve of and this can lead to disputes.

Jointly for all decisions

All decisions must be made together. This can cause delays, particularly if your attorneys live far apart or if they cannot agree on a decision. Furthermore, if any of your attorneys can no longer act (either by their own decision; due to illness or death; or if they become bankrupt) then your LPA will automatically be void.

Jointly for some decisions and severally for some decisions

You may decide for your attorneys to act jointly for some decisions and severally for others. In which case, you will need to set out very clear guidelines for your attorneys as to what decisions are to be made together and which can be made separately.

Meet the Team