An LPA or Lasting Power of Attorney is a legal document that allows you (‘The Donor’) to appoint someone you trust (your ‘attorney’) to make decisions on your behalf should you lose the capacity to do so yourself or should you choose not to make decisions for yourself. This could be due to an accident, illness or old age. The Office of the Public Guardian (OPG) is the government department responsible for Lasting Powers of Attorney in England and Wales. In this article, we will explain what an LPA is, how it works, how much they cost and why they are important drawing on questions that we often get asked from clients across Kent.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (your ‘attorney’) to make decisions on your behalf should you lose the capacity to do so yourself or should you choose not to make decisions for yourself. This could be due to an accident, illness or old age. There are two different types of LPA:

– Property and Affairs Lasting Power of Attorney: This type of LPA allows your attorney to make decisions about your finances and property on your behalf. This could include things like paying your bills, managing your bank account or selling your house.

– Health and Welfare Lasting Power of Attorney: This type of LPA allows your attorney to make decisions about your health and welfare on your behalf. This could include things like deciding what medical treatment you should receive, where you should live or what kind of support you should receive.

You can choose to have one type of LPA or both types. You can also appoint more than one attorney if you wish.

How does a Lasting Power of Attorney work?

Once you have made your LPA, you can choose when you would like it to come into effect. You can choose for it to come into effect immediately or you can choose for it to only come into effect if and when you lose the capacity to make decisions for yourself. If you lose the capacity to make decisions for yourself and you have not made an LPA, your family or friends will need to apply to the court to be appointed as your ‘deputy’. This can be a long and expensive process. The court in question is called The Court of Protection.

If you have made an LPA and you lose the capacity to make decisions for yourself, your attorney(s) can start making decisions on your behalf straight away without having to go through the court process.

How much does a Lasting Power of Attorney cost?

There are normally a couple of costs associated with a Lasting Power of Attorney. Firstly, there will be a fee payable to a professional for drawing up the document (or completing the forms) and getting them ready for submission. Then there are fees payable to the Office of the Public Guardian for registering the document. The application fee for registering a Lasting Power of Attorney is £82 per LPA document but you may be entitled to a remission. If you are on a low income or certain benefits, you may be able to get help with these.

Remember that when paying these costs, you’re also benefiting from professional advice and it’s our job to ensure that these documents go through the registration process seamlessly. We have seen people register documents themselves and have issues meaning that they have to pay the registration fees again. The OPG have little sympathy and the process of registering an LPA takes a long time. The last thing you want is additional delay because you decide not to seek professional advice.

Why are LPAs important?

It’s easier to explain why LPAs are important through an example and we have two ‘high profile’ cases to explain the importance.

Firstly – The Heather Bateman Story – a short video on our YouTube channel in which Heather’s husband suddenly lost capacity and had not appointed her as her attorney. Heather then needed to go through the court process to be appointed as his deputy which took months and cost a considerable amount in fees. If Heather had been appointed by her husband as his attorney before he lost capacity, she would have been able to make decisions on his behalf straight away without any delay or expense.

The second example is more recent and involves TV presenter Kate Garraway. Her husband – Derek caught Covid and has had a long battle which he is still stuffering with causing untold stress for the family. More information on Kate’s Story can be found here.

Both examples highlight the need for an LPA and how things can come out of the blue.

What does ‘registering an LPA mean’?

The Lasting Power of Attorney document needs to be registered with the Office of the Public Guardian before it can be used. The registration process used to take around eight to ten weeks but since Covid the registration periods can be up to 20 weeks or more (this is in my experience, not what the OPG are saying).

Once the LPA has been registered, your attorney(s) will be sent a ‘certificate’ confirming their appointment. They will need to show this certificate to any third parties (e.g. banks, building societies etc) before they can start making decisions on your behalf.

If you have any questions about Lasting Powers of Attorney or would like to arrange for us to prepare one for you, please do not hesitate to contact us. We offer a free initial consultation (either over the phone, video call, or face-to-face).

Can I produce it myself?

Yes, you can. The Office of the Public Guardian have produced standard forms which are available on their website – Lasting Power of Attorney Forms.

You will need to complete four forms in total – two for property and financial affairs and two for health and welfare. You must then get the LPA witnessed and signed by a ‘certificate provider’. The certificate provider must certify that, to the best of their knowledge, you understand the purpose of the LPA, you’re not being forced into making it and no-one involved in its creation will benefit from it unduly.

Once you have completed the forms and had them witnessed and signed by a certificate provider, you can then send them to the Office of the Public Guardian to be registered. The registration process can take up to 20 weeks or more (this is in my experience, not what the OPG are saying).

We DON’T advise you undertake the process by yourself. If you’ve never been through the process before it can be confusing and any mistakes could mean that the OPG reject the document, keep your registration fee and you’ll need to pay again. This is not uncommon.

Who are the Office of the Public Guardian?

The Office of the Public Guardian is a government body which oversees Lasting Powers of Attorney.

How do SLS Wills and More help?

We are Lasting Power of Attorney specialists and can take you through the process from start to finish. We will complete all of the paperwork on your behalf, submit it to the Office of the Public Guardian and chase up the registration on your behalf.

Our fee for preparing a Lasting Power of Attorney is £200 per document plus the OPG registration fee. We are able to assist clients in understanding when they are entitled to a remission in fees.