Lasting Power of Attorney (LPA):
What is a Lasting Power of Attorney (LPA)?
The Gov.uk website says that a lasting power of attorney is a legal document that lets you (the donor) appoint one or more people (known as attorneys) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. There are two main types of LPA: health and welfare and property and affairs.
My family member is living with dementia / Parkinson's / Huntington's etc. Can they still make a LPA?
Possibly, this is our area of expertise working with individuals with cognitive impairments. The Mental Capacity Act 2005 states that if practicable steps are needed to assist the person in making the decision, we can certify that the person has the capacity. Solicitors rarely work in isolation where an individual is living with dementia or a condition impacting the mind or brain, and they usually seek our expert opinion. We will first undertake a capacity assessment and, if required, a cognitive examination to assess if they have the ability (or capacity) to make a Lasting Power of Attorney. If they have the capacity, we can attest to this on a report and provide a capacity certificate. If they do not, we can complete a COP3 form, which you can use to apply to the court directly. We often find that when we are asked to make a COP3 for deputyship, we find, with all practicable steps taken, the person can make a LPA. This saves you time and money, as an LPA is around 70% cheaper than making an application to the Court of Protection.
Should I get a solicitor to make a Lasting Power of Attorney?
You can, but you don't need a solicitor to draft and make a simple Lasting Power of Attorney (LPA), you can do this yourself, or we can assist with our LPA Check and Support Service. If your case is complex or contentious, we may suggest you work with a specialist trust, probate and wills solicitor, who is a member of STEP and has special expertise in this area. We work closely with a number of special later life lawyers and would be happy to link you up with our local contacts whom we have worked with for years. For your added peace of mind, we receive no referral fee for signposting you, and we only recommend high-quality, caring and passionate solicitors who specialise in the area of trusts, probate and wills.
What are your fees for this LPA Check and Support Service?
For a simple, straightforward LPA where you just need some practicable support to make your own LPA, our fees start at £175 per LPA, or £295 for two. To compare, a high street solicitor would charge in the region of £700 - £800 for 1 LPA and around £1,200-£1,400 for two LPAs.
What if the person does not have the mental capacity to make a LPA?
We will write up a court read capacity assessment (called a COP3) and recommend you contact a solicitor to apply to the Court of Protection for a Court Appointed Deputyship. This is a long and complex process, and unlike our LPA Check and Support Service, we cannot support with a deputyship application. We know several local solicitors who are experts and are happy to signpost you. You can learn more about the different types of Power of Attorneys here. Please note: you can no longer register for an Enduring Power of Attorney and will need to make a new Lasting Power of Attorney.
Are there any fee reductions/discounts?
Yes, if you ask us to support both LPAs (either mirror LPA for a couples, or LPA for health, welfare, property and affairs for 1 person) we give you a discount. Also, you may be eligible for a cost reduction of the OPG registration fee, and you can apply for a 50% registration fee reduction if you have an income of less than £12,000 a year (before tax). This reduced the OPG fee from £82 to £41.
You can apply for free LPA if you receive any of the following:
What does your Check and Support Service includes?
We include the following as standard:
Please contact us to discuss your individual case.
The Gov.uk website says that a lasting power of attorney is a legal document that lets you (the donor) appoint one or more people (known as attorneys) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. There are two main types of LPA: health and welfare and property and affairs.
My family member is living with dementia / Parkinson's / Huntington's etc. Can they still make a LPA?
Possibly, this is our area of expertise working with individuals with cognitive impairments. The Mental Capacity Act 2005 states that if practicable steps are needed to assist the person in making the decision, we can certify that the person has the capacity. Solicitors rarely work in isolation where an individual is living with dementia or a condition impacting the mind or brain, and they usually seek our expert opinion. We will first undertake a capacity assessment and, if required, a cognitive examination to assess if they have the ability (or capacity) to make a Lasting Power of Attorney. If they have the capacity, we can attest to this on a report and provide a capacity certificate. If they do not, we can complete a COP3 form, which you can use to apply to the court directly. We often find that when we are asked to make a COP3 for deputyship, we find, with all practicable steps taken, the person can make a LPA. This saves you time and money, as an LPA is around 70% cheaper than making an application to the Court of Protection.
Should I get a solicitor to make a Lasting Power of Attorney?
You can, but you don't need a solicitor to draft and make a simple Lasting Power of Attorney (LPA), you can do this yourself, or we can assist with our LPA Check and Support Service. If your case is complex or contentious, we may suggest you work with a specialist trust, probate and wills solicitor, who is a member of STEP and has special expertise in this area. We work closely with a number of special later life lawyers and would be happy to link you up with our local contacts whom we have worked with for years. For your added peace of mind, we receive no referral fee for signposting you, and we only recommend high-quality, caring and passionate solicitors who specialise in the area of trusts, probate and wills.
What are your fees for this LPA Check and Support Service?
For a simple, straightforward LPA where you just need some practicable support to make your own LPA, our fees start at £175 per LPA, or £295 for two. To compare, a high street solicitor would charge in the region of £700 - £800 for 1 LPA and around £1,200-£1,400 for two LPAs.
What if the person does not have the mental capacity to make a LPA?
We will write up a court read capacity assessment (called a COP3) and recommend you contact a solicitor to apply to the Court of Protection for a Court Appointed Deputyship. This is a long and complex process, and unlike our LPA Check and Support Service, we cannot support with a deputyship application. We know several local solicitors who are experts and are happy to signpost you. You can learn more about the different types of Power of Attorneys here. Please note: you can no longer register for an Enduring Power of Attorney and will need to make a new Lasting Power of Attorney.
Are there any fee reductions/discounts?
Yes, if you ask us to support both LPAs (either mirror LPA for a couples, or LPA for health, welfare, property and affairs for 1 person) we give you a discount. Also, you may be eligible for a cost reduction of the OPG registration fee, and you can apply for a 50% registration fee reduction if you have an income of less than £12,000 a year (before tax). This reduced the OPG fee from £82 to £41.
You can apply for free LPA if you receive any of the following:
- Income Support
- Income-based Employment and Support Allowance
- Income-based Jobseeker's Allowance
- Housing Benefit
- Council Tax Support or Council Tax Reduction (not the 25% single-person reduction or the Class U exemption
- Local Housing Allowance
- Guarantee Credit element of State Pension Credit
- both Working Tax Credit and at least one of:
- Child Tax Credit
- Disability Element of Working Tax Credit
- Severe Disability Element of Working Tax Credit
What does your Check and Support Service includes?
We include the following as standard:
- Reading or helping your write your drafted LPA application.
- Checking all boxes have been completed and filled correctly.
- Sitting down with you to read the document
- Explaining the role of acting jointly and severally and jointly.
- Exploring when your attorney can make a decision (this is different for health and welfare v property and affairs).
- Acting as a professional witness.
- Acting as a professional Certificate Provider.
- Tracking your LPA as it is sent to the OPG and providing your with updates.
Please contact us to discuss your individual case.
