Lasting power of attorneys for property and financial affairs
An LPA for financial decisions can cover things such as:
Your attorney must keep accounts of any financial decisions and ensure their money is kept separate from yours. You have the right to ask for regular details of how much is spent and how much money you have.
Lasting power of attorneys for health and welfare
An LPA for health and welfare decisions can cover things such as:
You can also give special permission for your attorney to make decisions about life-saving treatment.
What’s the difference between power of attorney and lasting power of attorney?
There’s one key difference between the two. An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions. Whereas if you want someone to be able to act on your behalf, if there comes a time when you don’t have the mental capacity to make your own decisions, you should set up a lasting power of attorney.
How much does it cost to get an LPA?
You’ll need to register your lasting power of attorney before you’re able to use it. In England and Wales, the registration fee is £82 for each of your LPAs. This means it will cost £164 if you’re looking to register an LPA for both property and financial affairs and for health and welfare.
You may be exempt from paying the fee or be offered a reduced fee if you’re on a low income or receive certain benefits, so it’s always important to check.
If you choose to instruct a solicitor to act on your behalf or to oversee any paperwork and legal documents, you’ll also have to pay legal fees.
Who makes decisions if there is no LPA?
If, for whatever reason, you lose the capacity to make your own decisions and don’t have a lasting power of attorney in place, someone will need to apply to the Court of Protection on your behalf.
The court can then:
Decide whether or not you have the mental capacity to make a decision
Make an order relating to the health and care or property and financial decisions of someone who lacks mental capacity
Appoint a deputy to make decisions on behalf of someone who lacks mental capacity