Lasting Powers of Attorney
Many people know the importance of making a will. However, whilst a will directs how your affairs are to be handled following your death, it is also vitally important to consider who could have the responsibility to make decisions for you during your lifetime if you were unable to do so for yourself.
Enduring Powers of Attorney were available before 1 October 2007 and continue to be valid and able to be registered. However, the powers are not as extensive as those afforded by Lasting Powers of Attorney. Lasting Powers of Attorney are available in two forms:
Lasting Power of Attorney for Health and Care Decisions
This allows the appointed Attorney to make decisions for the Donor (the person on whose behalf the Attorney will be appointed to act) in relation to where they live or in relation to granting or refusing consent in relation to medical treatment, for example.
Such decisions can only be made by the attorney if the Donor is incapable of doing so for themselves such as if they are ill, unconscious or are suffering the onset of dementia, for example and if they have not otherwise prepared an advance directive (sometimes called a Living Will).
Lasting Power of Attorney for Financial Decisions
This allows the appointed Attorney to manage the personal finances of the Donor, including paying bills, receiving/applying for benefits or selling/buying property.
It is possible for the donor to specify that this Lasting Power of Attorney cannot be used until such time as they have lost the mental capacity to make their own financial decisions.
There is detailed guidance available in relation to both types of Attorney from the Office of the Public Guardian and which we recommend you obtain and read carefully before considering making arrangements. Importantly, you can only make these arrangements whilst you are deemed to have the capacity to do so and so it is not a job to put off to tomorrow, whatever your age. In doing so you are not “signing your life away” so it is recommended that you consider and make suitable arrangements rather than risk distress or conflict among your family and friends in the event of the unforeseen. Indeed, the guidance notes are also helpful in giving you some options of how to make certain advance decisions about future needs which next of kin can follow, without going as far as arranging formal Lasting Powers of Attorney, if preferred.
The contact details for further information are as follows:
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
Tel: 0300 456 0300
www.gov.uk/government/organisations/office-of-the-public-guardian
Scale of Charges for Lasting Powers of Attorney (LPOAs)
Completion service
Single LPOA £270 plus VAT fixed fee, subsequent LPOA completed at the same time £60 plus VAT each.
This includes the cost of a meeting, if necessary; all related correspondence including the necessary contact with the Attorney(s); assistance with the completion of the forms; making arrangements for their ongoing safe storage; and provision of copies for your reference. Please note we are unable to certify copies because we are not solicitors, but the Donor can do this.
Registration service
£180 plus VAT for a first LPOA, £90 plus VAT for each subsequent LPOA registered at the same time.
This includes arranging the contact letters to confirm no objection to the registration and subsequent submission of the form to the Office of the Public Guardian. Please note that if there are objections to the registration then further time costed fees may apply in making alternative arrangements for you. The Office of the Public Guardian will require a separate payment at the point of registration, currently £82 per LPOA document.
To summarise
| One LPOA | Two LPOAs | Four LPOAs | |
| Completion (PJM & Co) | £270 + VAT = £324 | £330 + VAT = £396 | £450 + VAT = £540 |
| Registration (PJM & Co) | £180 + VAT = £216 | £270 + VAT = £324 | £450 + VAT = £540 |
| OPG fees @ £82 each | £82 | £164 | £328 |
| Grand total (inc VAT) | £622 | £884 | £1,408 |