Lasting Powers of Attorney (LPA) were introduced in October 2007 they enable individuals to appoint others, generally but not necessarily their immediate family, to look after their affairs if they are unwilling or become unable to do so themselves. For example if they lose mental capacity.

There are two types of LPA (i) Property and Affairs where Attorneys are authorised to deal with the financial affairs, property and other assets of the person appointing them and; (ii) Personal Welfare where Attorneys are authorised to deal with the welfare of the person appointing them including where and how they are cared for, the level and standard of care they receive and ultimately, optionally, whether life sustaining treatment is given. The Personal Welfare LPA can only be used if the person making it has lost the capacity to make his or her own decisions.

They are appropriate for everyone but in particular the elderly, vulnerable, disabled and those in care.

An LPA is a complex document to complete and before it can be used it has to be registered at the Office of the Public Guardian (OPG). Nevertheless it is an essential thing to have should a person become physically or mentally incapacitated since, without this power, their family face huge burdens and expense and will have to apply to a Court to get permission to manage the person’s affairs. This Mail on Sunday article highlights some of issues those involved have experienced.

The cost of making and registering LPA vary widely between providers but they can be written and registered (including Court fees) for less than £400 each. Compare this one off cost with the minimum set up cost of having to apply to the Court of Protection for Deputies to be appointed in the event that someone who is unable to deal with his or her affairs does not have an LPA in place and the recurring costs which follow are –

Set up cost including Court costs and professional fees to appoint two Deputies - £1200

Ongoing annual cost including accountancy, security and professional fees - £2500

There have been considerable difficulties in registering LPA with the PGO within their timescale (i. e. 6 weeks, our experience has been more than double this). However we are assured that the capacity at the OPG has been expanded to cope with the demand and that the rejection of applications for pedantic reasons has ceased.

With our experience we can provide LPA, ensure they are properly executed by the donor and attorneys and can register them with the OPG if and when necessary.

We provide a personal service visiting the person making the LPA in their home to take instructions and for signing. Our fees for LPA work are significantly lower than those of many solicitors.

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