Lasting Power of Attorney (LPA) Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS
All you need to know about Lasting Powers of Attorney
A Lasting Power of Attorney (sometimes known as an LPA) is a legal document that allows you to appoint an attorney or attorneys to make decisions on your behalf in certain circumstances.
It also allows you to appoint a reserve attorney or reserve attorneys in case the original attorneys are unable to act.
You can determine how and when they can act, and what rules they must follow. You can also express wishes which they should consider.
There are two types of Lasting Power of Attorney.
- Health and Welfare - which can be used to appoint Attorneys who can make decisions on your behalf in regards to circumstances involving your health and welfare, such as where you live, who can see you, what you eat, how you dress and more.
- Property and Financial Affairs - which can be used to appoint attorneys who can make decisions on your behalf in regards to paying bills, managing bank accounts, arranging and managing benefits, selling and buying property, managing your savings and investments and more.
It is not a legal requirement to have a Lasting Power of Attorney, however if you do not have one, no-one can help manage your affairs unless they apply to the Court of Protection to become a deputy.
It is much better to appoint an attorney through a LPA rather than require someone to apply through the courts. It means your wishes are more likely to be reflected, and you can choose who the people are who make the decisions. It is generally much cheaper too.
A Lasting Power of Attorney has to be registered with the Office of the Public Guardian before it can be used. There is a registration fee (currently £82 per LPA), and it can take up to 10 weeks for a LPA to be registered. We always recommend a LPA is registered as soon as it is made so there is no further delay when it is needed.
You can choose whether a Property and Financial Affairs LPA can be used as soon as it is registered, or only after you have lost capacity. A Health and Welfare LPA can only be used once you have lost mental capacity to make your own decisions.
Your attorney has to be over 18 and be of sound mind. For the property and financial affairs Lasting Power of Attorney the attorney cannot be bankrupt.
If you do not wish to put the responsibility on a family member, you can appoint a professional trustee if you prefer.
A lasting power of attorney cannot be changed, however it can be revoked, and another one made. It is important that if a change is required, a new one is made as soon as possible, in case you lose capacity before the changes are made.
No. Your LPA ends on the date of your death, and cannot be used under any circumstances once you have died.
Goodwills Wilts and Glos price check
Goodwills Wilts and Glos One LPA £220 (one document)
Co-operative Legal Services One LPA: £270 (one document)
Goodwills Wilts and Glos Both LPAs £400 (two documents)
Co-operative Legal Services Both LPAs from £540* (two documents)
The above prices are for one person. If you are a couple then the following will apply:
Goodwills Wilts and Glos One LPA Each £380 (two documents)
Co-operative Legal Services One LPA Each: £450 (two documents)
Goodwills Wilts and Glos Both LPAs Each £750 (four documents)
Co-operative Legal Services Both LPAs from £828 (four documents)
* Prices correct as of 12th March 2019. All prices include VAT as applicable. Further information about what is included in our standard prices can be found in the question and answer section below. For all LPA's a registration fee of £82 for each LPA is due in addition to the above, made payable to the Office of Public Guardian. This fee may be waived by the OPG depending on your income and benefits you received.