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Continue readingIf you are considering getting an LPA but don’t know where to start, you are in the right place. Let’s go through all of it in detail to give you the confidence you need to get your head around LPAs.
What is Lasting Power of Attorney?
It is important in life to be prepared for the worst. There may come a day when you are no longer able to make decisions for yourself or communicate them with those around you. If this happens, you and your loved ones will want the peace of mind knowing that somebody trustworthy is there ready to make good decisions on your behalf.
This is what an LPA is for.
A lasting power of attorney gives another person the legal right to make certain decisions on your behalf in the event that you lose capacity or are otherwise unable to communicate your wishes. This person is known as your ‘attorney’.
Types of Lasting Powers of Attorney
There are two types of LPAs:
- Health and Welfare Lasting Power of Attorney
- Property and Financial Affairs Lasting Power of Attorney
Each one does broadly what you would expect. A health and welfare LPA gives your attorney the ability to make decisions on your behalf around things like medical decisions and day-to-day care like washing, eating and dressing. A property and financial affairs LPA gives your attorney the ability to pay your bills, manage your bank accounts, and even if necessary sell your house.
If you lose your capacity, everything from the day-to-day decisions up to the big life decisions can grind to a halt without an attorney in place to help. Picking somebody you know and trust is vital, as they will be able to act in your best interests better than anyone else.
Lasting Power of Attorney Guidance
So who needs an LPA? Potentially, anyone.
The common perception is that LPAs are for older people, who may be more at risk of running into health problems. Over 800,000 people in the UK live with dementia, a number which is expected to rise in the coming years. For somebody in the early stages of a dementia diagnosis, an LPA should be a priority.
But dementia is far from the only thing that could necessitate an LPA. Car accidents, sports injuries, falling down the stairs, brain injuries, cancer, strokes, heart failure, there are countless emergencies that could strike at any moment. Many parents find a lot of comfort in making an LPA so that they can outline plans for the care of their children should the worst happen.
Our advice would be, if losing capacity is a worry whether it is on the horizon now or not, get an LPA so you can have some peace of mind. If you have a serious health condition, it is essential to put plans in place should the worst happen.
Cost of Lasting Power of Attorney UK
So how much does an LPA cost? At Hubbard Pegman and Whitney we are London solicitors who offer a fair and competitive fixed fee for all LPAs.
For a single LPA, the cost is £650 plus VAT. However, if you are looking for two LPAs we can offer a price of £1200 plus VAT for both. On top of these costs is the £82 fee for the registration of the application itself, which we would include in our final bill. So if you are looking for solicitors in West London, why not come to Hammersmith to have us prepare your LPA?
LPA Certificate Provider
If you are looking into LPAs at the moment, you may have heard of a lasting power of attorney certificate provider. Do not worry if you are unclear on their role, we will explain it all below. When filling in the lasting power of attorney form, you need the certificate section completed otherwise it will not be valid.
The certificate provider for lasting power of attorney plays a key role in the creation of an LPA. They are there to safeguard the LPA donor, ensuring that they are making the LPA for the right reasons in the correct circumstances. This is to prevent exploitation or coercion, where somebody may try to manipulate the donor into making them the attorney for personal gain. The certificate provider prevents this from happening.
It is there job to confirm that to the best of their knowledge and judgement, the donor:
- understands what a lasting power of attorney is and knows what is in their own LPA
- understands what powers they are giving to their attorney and the implications of that decision
- has not been pressured or manipulated into making the LPA by somebody else
- does not raise any other suspicions about whether their LPA would be valid
There are two types of people that are capable of being an LPA certificate provider. Either somebody who has known the donor personally for more than two years, or one of the following professionals:
- a registered healthcare professional, such as a GP
- a barrister, solicitor or advocate
- a registered social worker
- an independent Mental Capacity Advocate (IMCA)
If you were to create your LPA with Hubbard Pegman & Whitney LLP, we would be more than happy to be the power of attorney certificate providers as long as we are not being appointed as your attorneys. If that was the case you could have a GP or a close friend step in to do that part.
What happens if I don’t have an LPA?
If you were to lose capacity without having made an LPA, all hope is not lost. In this instance, your loved ones can apply for a Court of Protection Deputyship Order. While this can be a saving grace in some instances, a Deputyship Order is a worse option than an LPA in a number of respects.
It costs more money than an LPA, there is a much longer waiting period that can drag on for months, and you are far more limited in what you have the power to do. While it is better than nothing, it is often far from ideal, especially when there may be time sensitive decisions to be made about someone’s care or finances.
You can always read more about Lasting Powers of Attorney on the Government website.
LPA Solicitor in London
If you are looking for probate solicitors in London who can help with your LPA, Hubbard Pegman & Whitney offer a high quality service at a competitive price. With decades of experience across our probate department, we can walk you through all of the steps and answer any questions you may have about making your lasting power of attorney. We are a firm of solicitors in Hammersmith that serve clients across West London and beyond.
Get in touch today to book in a sit down with a member of our team, to make sure that you have the peace of mind that an LPA provides. You can call us on 0208 735 9770, email us at info@hpwsolicitors.co.uk, or fill in the contact form on this webpage.
Find out more about LPAs in our blog posts below:
Lasting Power of Attorney – What Is A Certificate Provider?
Difference Between an LPA and a Deputyship