Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows you to appoint trusted people to make decisions on your behalf if you lose mental capacity. This essential document protects your interests and ensures your wishes are respected.

What Our LPA Solicitors Can Help With

• Property & Finance LPA: Managing your money, property, and financial affairs
• Health & Welfare LPA: Decisions about your care, treatment, and living arrangements
• LPA Registration: Submitting applications to the Office of the Public Guardian
• Attorney Guidance: Training attorneys on their duties and responsibilities
• LPA Reviews: Updating existing LPAs for changed circumstances
• Safeguarding Applications: Protecting vulnerable people from abuse
• Deputyship Applications: Court of Protection applications when no LPA exists
• Mental Capacity Assessments: Expert evaluations of decision-making capacity

Types of Lasting Power of Attorney

Property & Financial Affairs LPA:

• Managing bank accounts and investments
• Buying and selling property
• Paying bills and collecting benefits
• Making investment decisions
• Running a business
• Can be used while you still have capacity (if you choose)

Health & Welfare LPA:

• Medical treatment decisions
• Care and living arrangements
• Daily routine and lifestyle choices
• Life-sustaining treatment decisions (with specific authority)
• Can only be used when you lack capacity

Choosing Your Attorneys

Who Can Be an Attorney:

• Anyone over 18 years old
• Must have mental capacity themselves
• Cannot be bankrupt (for Property & Finance LPA)
• Should be trustworthy and reliable
• Usually family members or close friends

Attorney Responsibilities:

• Act in your best interests at all times
• Follow the Mental Capacity Act principles
• Keep accurate records of decisions
• Keep your affairs confidential
• Not mix your money with their own
• Consider your past and present wishes

LPA Application Process

1. Initial Consultation: Understanding your wishes and circumstances
2. Attorney Selection: Choosing and approaching potential attorneys
3. Document Preparation: Completing LPA forms with legal guidance
4. Witness Arrangements: Organizing proper witnessing and certification
5. Registration Application: Submitting to Office of the Public Guardian
6. Notification Period: 4-week notice period for objections
7. Registration Completion: Receiving registered LPA documents

LPA Costs and Timeframes

Registration Fees:

• Standard fee: £82 per LPA
• Reduced fee: £41 (if receiving means-tested benefits)
• Remission: £0 (if receiving certain benefits with low income)

Solicitor Fees:

• Simple LPA preparation: £200-£500 per LPA
• Complex LPAs with restrictions: £500-£1,000 per LPA
• Registration assistance: £100-£300
• Package deals: £600-£1,200 for both LPAs

Timeframes:

• LPA preparation: 1-2 weeks
• OPG registration: 8-10 weeks
• Express service: 1-2 weeks (additional £120 fee)
• Total process: 10-12 weeks typically

When LPAs Cannot Be Used

If no LPA exists and someone loses capacity, alternatives include:

• Deputyship: Court of Protection application for property/finance decisions
• Best Interest Decisions: Healthcare professionals making treatment decisions
• Next of Kin: Limited authority for certain decisions
• Social Services: Local authority involvement in care decisions

Court of Protection Deputyship

When no LPA exists, deputyship may be required:

• Application fees: £400 plus £100 assessment fee
• Annual fees: £100-£800 depending on estate value
• Court supervision: Ongoing reporting requirements
• Timeframes: 3-6 months for straightforward applications
• Costs: Significantly more expensive than LPAs

Why Choose SolicitorConnect for LPAs

• Mental Capacity Specialists: Solicitors expert in capacity law
• Family Approach: Understanding family dynamics and sensitivities
• Fixed Fee Service: Transparent pricing with no hidden costs
• Registration Support: Complete service including OPG registration
• Ongoing Guidance: Attorney training and ongoing support
• Emergency Service: Express applications when urgently needed

An LPA is essential for protecting your future interests and ensuring your wishes are respected if you lose capacity to make decisions.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.