Lasting Powers of Attorney and Deputyship
Lasting Power of Attorney (LPA)
LPAs allow you to appoint attorneys who can make decisions for you, even after you have lost mental capacity.
There are two types of LPA. These are:
- Health and Welfare, and
- Property and Financial Affairs.
The Health and Welfare LPA allows your attorneys to make decisions for you, for things such as medical treatment. Additionally, you can give your attorneys the power to make decisions about life-sustaining treatment for you, however this aspect does not have to be included.
The Property and Financial Affairs LPA allows your attorneys to make decisions for you for things such as paying your bills or even selling your house. This will also allow your attorneys to collect your pension or benefits and to draw money out of a Bank account on your behalf, which is otherwise not allowed.
It is necessary to have your LPA drafted and signed before you lose mental capacity. You do not have to use a Solicitor to prepare the forms, however you will need a Certificate Provider to sign the forms The Certificate Provider must take reasonable steps to ensure both that you are mentally capable of appointing the attorneys, and that you are not being pressured to do so. This is just one of the reasons why it is a good idea to use a professional.
Our fee to prepare one LPA is £275.00 plus V.A.T. (a total of £330.00), and our fee to prepare both LPAs at the same time is £400.00 plus V.A.T. (a total of £480.00). If a couple want LPAs in similar terms and at the same time, our fees are £400.00 plus V.A.T. (a total of £480.00) for one LPA each and £550.00 plus V.A.T. (a total of £660.00) for both LPAs each.
We always recommend that we register your LPA straight away. The fee payable to the Office of the Public Guardian is £82.00 per LPA.
A home or hospital visit is charged at £75.00, plus travelling expenses, plus V.A.T.
Deputyship Applications
If someone lacks the mental capacity to make an LPA, the only remaining option is to make an application to the Court of Protection for “deputyship”. Again, there are two types of application in similar terms to the LPAs referred to above:
- Personal Welfare, and
- Property and Financial Affairs.
The Court will consider whether the person needs a deputy, and ensure no one objects to the applicant being appointed. If the Order is granted, the Court will tell the deputy what they can and cannot do.
Our charges for this work are calculated at our standard hourly rate. There is a Court fee of £371.00 per application, payable to Her Majesty’s Courts and Tribunals Service. Should the Court decide that a hearing is required, there is an additional fee of £494.00 payable to the Court. There are also fees payable to the Office of the Public Guardian, who will help the deputy carry out their duties, should an application be granted.
This work is carried out by Rachael Kitchman – please see the “Meet the Team” page for details of her qualifications and experience.