LASTING POWER OF ATTORNEY (LPA)

Your Advice Hub completely understands that giving someone power of attorney is a respected way of granting a trusted person the honourable opportunity to act as your legal representative in case you are unable or unwilling to do so.

Our advisors, who are highly skilled, qualified, and empathetic, comprehend the importance of maintaining control over your life choices. They also recognise the significance of having attorneys who will execute your instructions with the same level of care and understanding as if you were able to do so independently.

This is precisely why we have assisted numerous individuals, like yourself, in completing the complex LPA legal forms successfully and fulfilling their desires.

LASTING POWER OF ATTORNEY: WHAT IS AN ATTORNEY?

In the unpredictable nature of life, there may come a time when you are unable to shape and express your own choices. However, there is no need to worry, as establishing a power of attorney can help ease the burden when that moment inevitably arrives – a concept that should be considered even now.

A power of attorney is a legally significant document that grants an individual aged 18 or above and possessing the mental capacity necessary to make sound judgments and choices, this is referred to as your 'attorney', the authority to act on your behalf, making decisions that align with your wishes and intentions.

There are various situations that may require the appointment of a decision-maker on your behalf. It could be a temporary measure, such as when you are hospitalised and need assistance with everyday financial responsibilities like paying bills. Alternatively, it may be part of a comprehensive long-term health and/ or financial plan – a wise step to take if, for example, you have been diagnosed with dementia and want to proactively prepare for a future where your mental abilities may decline, making it difficult for you to make independent decisions.

HAVING MENTAL CAPACITY

To have mental capacity, one must possess the ability to independently make decisions and comprehend the outcomes associated with those decisions. It is imperative to note that no one is authorized to make decisions on your behalf unless it can be proven that you are incapable of doing so due to a lack of mental capacity.

If you lack the mental capacity for a decision, it implies that you are incapable of performing one or more of the following tasks:

Comprehend information related to the decision at hand
Evaluate and assess the significance of that information
Retain and recall the information for a sufficient duration to facilitate your decision-making process
Convey your decision effectively, whether through spoken words, sign language, or any other appropriate means

The determination of someone's mental capacity can vary depending on the situation, meaning that someone may be able to make decisions about certain matters but not others. Furthermore, an individual's ability to make a decision can change over time. This is why it is crucial for anyone assessing your mental capacity to consider your capability to make a specific decision at the exact moment it is needed.

It is important to receive proper support to make and communicate your decision before anyone assumes that you lack mental capacity. Taking the necessary time to carefully consider or express a decision should not be misunderstood as a sign of lacking mental capacity. Likewise, having a condition like dementia does not automatically mean that someone has lost their capacity. For example, even after receiving a dementia diagnosis, an individual may still have the ability to make certain decisions.

WHAT IS A LASTING POWER OF ATTORNEY (LPA)?

There are two distinct types of LPA available:

Financial Decisions are for managing financial matters such as

Running your bank and savings accounts
Making or selling investments
Paying your bills
Buying or selling your house

Key facts to remember:

Choose when the LPA starts: before or after losing mental capacity
An attorney has power over finances and property unless restricted by your instructions
The attorney must keep funds separate and provide detailed accounts
Request regular updates on finances, which can be shared with a solicitor or family member

Health and Care Decisions are for handling health and care-related choices such as:

Day-to-day matters such as your diet and daily routines, for example, washing, dressing, and eating
Medical care including life-sustaining treatment
Where you live including living in a care home

Key facts to remember:

Your attorney can only use this LPA if you lack mental capacity, unlike for financial decisions
When creating the LPA, it's important to decide if you want your attorney to make choices about life-saving treatment
Without this specific LPA, professionals like your doctor or social services will make decisions about your health or care in case of mental incapacity. They must consult your family or others involved but have the final say

"It is possible to establish LPAs for both categories of decisions".

The LPA for health and care decisions can only be utilised in the event of a loss of mental capacity. On the other hand, the LPA for financial decisions can be utilised even if mental capacity is retained, provided that this is the preferred option and is selected during the setup process.

It is important to note that the creation of an LPA is contingent upon having the mental capacity to do so, and it must be done without any external pressure.

Furthermore, it is crucial to understand that an LPA is not necessarily a permanent arrangement. If you possess mental capacity, you have the ability to revoke it at any time by notifying your attorney or attorneys, as well as the Office of the Public Guardian, of your decision.

WHAT IS A ORDINARY POWER OF ATTORNEY (OPA)?

An OPA is specifically designed for financial decisions and is only applicable as long as you possess mental capacity. It can be beneficial in situations where you require temporary assistance in managing your finances, such as during a hospital stay or vacation. Additionally, if you face challenges in accessing the bank or post office, having someone act on your behalf can simplify matters for you.

You have the option to restrict the authority granted to your attorney, allowing them to handle your bank account while excluding your property.

While an OPA serves its purpose in certain circumstances, it is generally advisable to establish an LPA instead. This ensures that your attorney can continue to act on your behalf even if you were to lose mental capacity.

SETTING UP A ORDINARY POWER OF ATTORNEY (OPA)?

Contact our team of expert advisors at Your Advice Hub or consult with a solicitor to establish an OPA. There is no pre-defined form to fill out, but rather specific words to be used.

WHAT IS AN ENDURING POWER OF ATTORNEY (EPA)?

An Enduring Power of Attorney (EPA) is exclusively applicable to financial decisions. If you established an EPA before the 1st of October, 2007, it remains legally valid; however, you are unable to create a new one as Lasting Powers of Attorney (LPAs) are now the preferred option. Consequently, we refrain from providing any further details regarding EPAs on this page.

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SETTING UP A LPA AND THE COST INVOLVED

When individuals discuss power of attorney, they are usually referring to lasting power of attorney. Hence, in this section, we have provided a detailed explanation of the procedure involved in setting up a Lasting Power of Attorney.

To begin the process, please reach out to our expert advisors who will supply you with the necessary LPA legal forms and an information pack from the Office of the Public Guardian. They will guide you through one or both forms at each step to ensure that you understand and accurately complete the LPA forms. Alternatively, we can assist you in setting up an LPA using the online service on GOV.UK.

If you prefer, you have the option to fill out the legal forms yourself. However, it is important to exercise caution as mistakes could result in your LPA being rejected, requiring you to pay a fee for reapplication later. Our advisors are available to provide support throughout the entire process, particularly in understanding the Office of the Public Guardian's comprehensive guide to completing the forms on their website.
Our specialised advisors will also assist you in signing the completed forms and sending them to the Office of the Public Guardian. Your Advice Hub's qualified advisors will download the forms from the online Public Guardian website, print them out, and review the legal documents before you sign them.
Next, it is necessary to have your LPA signed by a 'certificate provider' who will confirm that you understand the nature of the LPA and that you have not been coerced into signing it. The certificate provider must be either a trusted friend whom you have known for at least 2 years or a professional individual such as a doctor, social worker, or solicitor. Certain individuals, including your partner or other family members, are not eligible to be your certificate provider.
Finally, our advisors will assist you in registering the LPA with the Office of the Public Guardian. Please note that your LPA cannot be utilised until the registration process is complete, which may take several weeks. You can proceed with registering your LPA if you have the mental capacity to do so. If you sign an LPA while still possessing mental capacity but subsequently lose capacity before registering it, we can support your attorney in registering it on your behalf.

WOULD I NEED A SOLICITOR TO SET UP A LPA?

While it is not obligatory to use a solicitor to create an LPA, it can be advantageous in preventing potential issues in the future, especially if you are unsure about the process or have complex affairs. Although it may be more costly than completing the forms yourself, the peace of mind that comes with professional guidance may outweigh the expense. It is important to note that the costs associated with establishing an LPA can vary greatly among solicitors, so it is advisable to contact multiple firms for quotes before making a decision.

We highly recommend contacting our team of expert advisors, as we can offer comprehensive support throughout the entire process at a more affordable rate and give you that peace of mind you and your family desire.

HOW MUCH DOES A LPA COST TO SET UP?

Besides our small fee of £179 for one or both LPA forms, the registration fee for an LPA is £82. If you are registering two LPAs simultaneously, one for financial decisions and one for health and care decisions, the cost would be £82 for each LPA, resulting in a total of £164.

For one LPA form is £82 and our service, £179 = £261 Inc VAT
For two LPA forms are £164 and our service, £179 = £343 Inc VAT

Nevertheless, if your annual income is below £12,000, you may qualify for a 50% discount. Additionally, if you are receiving specific income-related benefits, you will be exempt from paying any fees Please speak to our advisor for specialist assistance and support.

WHO CAN I CHOOSE TO BE MY ATTORNEY?

You have the option to select someone close to you, such as a family member or friend, or you can opt for a professional like a solicitor. It is crucial to ensure that the person you choose will act in your best interests. For more information on what constitutes your "best interests", please refer to our FAQ page by clicking on CLICK HERE.

Furthermore, it is important to give the individual you approach as your attorney sufficient time to consider the role and responsibilities involved, ensuring that they are comfortable taking on this responsibility.

Keep in mind that your chosen attorney must be 18 years or older, and they cannot be a professional care worker unless there are exceptional circumstances (e.g. if they are your only relative). There are also other limitations on who can serve as your attorney. For instance, a bankrupt person cannot act as an attorney for financial decisions.

HOW MANY ATTORNEYS AM I ALLOWED TO HAVE?

You have the flexibility to appoint multiple attorneys, according to your preference. It is advisable to consider appointing more than one attorney, but it is important to establish how they will make decisions collectively.

The attorneys that you appoint can either make decisions

Jointly, meaning they must reach a consensus on all matters
Jointly and Severally, allowing them to make decisions together or independently as they see fit

Alternatively, you may choose to specify that attorneys must act jointly for certain decisions, such as selling a property while granting them the authority to act jointly and severally for all other decisions.

Furthermore, it is possible to appoint replacement attorneys if one of your chosen attorneys becomes unable to fulfil their duties, such as due to death or loss of mental capacity. This ensures that there is a contingency plan in place to safeguard your interests.

> Find out more about choosing an attorney on GOV.UK

WOULD I NEED TO PAY MY ATTORNEYS

Your attorney has the right to request reimbursement for any out-of-pocket expenses they incur while fulfilling their role, such as travel or postage costs. These expenses can be claimed from the funds you provide, and your attorney is required to keep a record of the expenses along with any relevant receipts.

However, in most cases, your attorney cannot claim payment for the time they spend carrying out their duties unless they are a professional attorney, such as a solicitor. It is important to carefully consider the costs involved before selecting an attorney, as professional attorneys typically charge for their time.

There is, however, an exception to this rule. If the person who established the power of attorney specifically stated in the instructions section of the LPA form that the non-professional attorney should be compensated for their duties, then they can be paid accordingly.

GET THE HELP YOU NEED TO COMPLETE THE LPA LEGAL FORMS, ONLY £179. OUR TEAM ARE READY TO HELP!

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HOW YOUR ADVICE HUB CAN HELP YOU

We are here to support you in creating one or both LPA legal documents by providing a detailed explanation of the entire procedure, including checking all documents before they are submitted and the necessary timeframes and guidance on costs. Additionally, if you are unable to afford a solicitor to assist with the application, we are available to help you once you meet our requirements and we ensure a successful completion of the process without any financial strain.

Our criteria to help you:

You have personally requested to establish an LPA
We are certain that you comprehend the implications and impact of an LPA
You are not being influenced or coerced by your family or any external parties to proceed with an LPA
There are no substantial amounts of money at stake
The entire family is in unanimous agreement

We are unable to help if:

Your family may experience conflicts regarding the donor's wishes or disagreements within the family
If you are feeling pressured to create an LPA, it is crucial to seek assistance
The LPA may involve complex conditions that require careful consideration
When significant amounts of money are involved, it is advisable to seek the assistance of a solicitor
If you lack mental capacity, you may need to make an application to the Court of Protection
If you do not have anyone available to act as your attorney, it is recommended to consult with a solicitor

"Please note that we are unable to provide advice on financial matters or personal issues".

HOW SHOULD MY ATTORNEYS MAKE LPA DECISIONS?

Your attorney must adhere to specific principles outlined in the Mental Capacity Act 2005 and its code of practice. These principles include:

Presuming mental capacity: Your attorney should assume that you have the mental capacity to make decisions unless it can be proven otherwise. They should only make decisions on your behalf if it is evident that you lack mental capacity
Assisting decision-making: Your attorney should provide you with practical support to help you make your own decisions. They should offer assistance based on your individual needs, such as providing help during times when you are more capable of understanding or using alternative methods of communication
Avoiding assumptions: Your attorney should not assume that you lack mental capacity simply because you make decisions that others may perceive as unwise or eccentric. They should not judge your decision-making abilities based on these factors
Least restrictive decision-making: When making decisions on your behalf, your attorney should consider all available options and choose the one that imposes the least restrictions on your rights and freedoms
Acting in your best interests: Your attorney must carefully consider various factors and reach a balanced conclusion about what decision is in your best interests

To learn more about determining your "best interests", please refer to our FAQ page by clicking on CLICK HERE.

IF YOU ARE HAVING PROBLEMS WITH YOUR ATTORNEYS WHAT SHOULD YOU DO?

If you suspect that your lawyer is not acting in your best interests, or if you suspect that someone else's lawyer is not acting in their best interests, reach out to the Office of the Public Guardian. They are responsible for investigating claims of mistreatment or fraud. If necessary, they can also notify the police or social services about any concerns.

You can contact the Office of the Public Guardian by calling 03004560300 or emailing them at customerservices@publicguardian.gov.uk.

If you have concerns about abuse or neglect and wish to discuss it confidentially, contact the NSPCC at 0808 800 5000 or The National Careline at 0800 0699 784 or Supportline at 01708 765200.

Alternatively, get in touch with the safeguarding team of your local council. If you believe that you or someone else is in immediate danger, contact the police at 999. The same applies if you have concerns regarding a deputy.

GET YOUR BENEFIT SUPPORT TODAY!

Access our LPA service for only £179.

Our skilled advisors will assist you in filling out one or both of the complex legal LPA forms, ensuring peace of mind for you and your loved ones.

Trust our expertise to guide you through the entire process effortlessly.

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