Lasting Power of Attorney

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A LPA is arguably more important than a Will

An LPA (Lasting Power of Attorney) deals with your affairs while you are still alive but incapacitated, either mentally or physically.  As an adult, who isn’t under the Mental Capacity Act, no one is responsible for you unless you have registered an LPA with the Office of the Public Guardian (OPG).

If you have an accident or illness that causes you to lose mental capacity or affect your ability to make your own decisions, then without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial and medical matters. Unfortunately, this process can cost thousands of pounds and can take over a year; if you have to use a lawyer, it could cost even more. If you already have an LPA in place, this will not be necessary.

Types of LPA’s

A “Property and Financial Affairs” LPA allows your nominated person or people (your ‘attorney(s)’) to deal with things like: opening, closing and using your bank and building society accounts; claiming, receiving and using your benefits, pensions and allowances; paying your household, care and other bills; making or selling investments; and buying or selling your home. You choose whether your attorney(s) can act for you as soon as the LPA is registered or only if you can no longer understand and make decisions.

A “Health and Welfare” LPA covers decisions about health and care such as: giving or refusing consent to health care; staying in your own home and getting help and support from social services; moving into residential care and finding a good care home or day-to-day matters such as your diet, dress or daily routine. This can only be used if someone is incapable of dealing with such matters themselves.

Costs and Fee’s

The cost of registration each LPA with the OPG is currently £82* per document, which can be paid either directly to them or to us and we can pay on your behalf. The fee for Safeguard Wills to produce a single LPA is £240 per document. Included in this fee, we handle all compliance matters to ensure the application is accepted on the first submission and avoid extra charges from the OPG. Once in place, you have this document for life and we recommend we store it for you, (no charge if we store your Will already) and any changes can again be made free via Safeguard Wills, however, the OPG will charge an additional registration fee.

While we think LPAs are essential, we understand that this is a lot to pay out in one go, if preferred, we offer a 12-month payment plan, which works out to be £20 per document per month covering our fees.

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Safeguard Wills can help you with all aspects of will writing including Lasting Power of Attorney (LPA), various Trust options, Funeral Planning and Living Wills. Even if you have an existing Will, is yours currently up to date?