Lasting Powers of Attorney (LPA) Services

Wills, Trusts and Probate

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (called Attorneys) to make certain decisions on your behalf if you ever lose capacity in the future or if you ever have an accident that restricts your ability to communicate or disables you in some way that you cannot manage your own personal affairs.

When is the time to make LPAs?

We recommend that everybody should have an LPA in place regardless of age or health. There is a common misconception that LPAs are only put in place by the older generation or when somebody’s health starts to deteriorate. The truth is that nobody knows what is around the corner and you need to be prepared. Your loved ones could have an accident, become unwell or lose capacity at any time in their lives and having LPAs in place will help your loved ones deal with your ongoing affairs both financially and for your health.

How long will it take to put LPAs in place?

We can prepare the legal documents for you quickly and arrange for the LPAs to be signed. The signed LPAs then have to be sent to the Office of the Public Guardian (OPG) which is the governing body for LPAs for registration. It is currently taking the OPG around 20 weeks to register LPAs although these times may change depending upon the OPG’s backlog of applications. Generally, the OPG will not expedite LPA applications and it is advisable to put LPAs in place now before it is too late.

What happens if I do not have a Lasting Power of Attorney in place?

Anybody who makes an LPA has to have sufficient capacity to understand the document they are signing. Therefore, if a person loses capacity they lose the ability to make an LPA. The only option available is to make an application to the Court of Protection for an Order appointing a Deputy to manage your affairs. Court of Protection applications are more expensive than LPAs and the process can take up to two years before the Order is issued which, in the meantime, will hinder access to your finances which may cause issues if your loved ones are trying to pay your bills including care home fees. It is also important to note that the Court of Protection will only grant Orders for a Deputy to manage your finances and will only issue orders for health in exceptional circumstances.

What is the process for making a Lasting Power of Attorney?

The Office of the Public Guardian has strict processes in place for the making and signing of LPAs. The OPG will return LPAS if they have not been signed correctly. Sometimes this results in the LPAs having to be resigned which is not always ideal as the person making the LPA may have lost capacity in the meantime and cannot re-sign the LPAs. The key is to get it right the first time to avoid the LPAs being returned from the OPG. It is recommended that you contact one of our specialist lawyers in this area so that we can sit down with you and talk you through the process.

How much does Lasting Power of Attorney cost?

We offer a fixed fee for Lasting Powers of Attorney which depends upon which LPAs you are putting into place and whether it is for one person or husband and wife. Please contact our team of lawyers for a free no-obligation quotation.

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