Lasting Powers of Attorney and Enduring Powers of Attorney fees Reduced
From 1st April 2017, the fees for applying to register Lasting Powers of Attorney (LPA) have been reduced from £110 for each Lasting Power of Attorney to £82, with the fee for resubmitting an Lasting Power of Attorney for registration reducing from £55 to £41.
How this change affects LPA applications?
The Registration of Lasting Powers of Attorney fee from 1st April 2017 on wards will be charged at a rate of £82.00. It has been reported that registrations which have been recently submitted with a payment of £110 and received after 1st April will have the difference refunded.
Why is this change happening?
The reduction of the registration fee has come about after the Office of the Public Guardian have recently continued to receive a higher number of applications and due to some efficiency measures they have put in place which have driven down the cost of providing the service to the general public. Ministers hope that cutting fees will encourage even more people to take out LPAs, providing peace of mind for themselves and their families.
Lasting Power of Attorney FAQ's
What is a Lasting Power of Attorney (LPA)?
An LPA gives another individual the legal authority to look after specific aspects of your financial affairs or health and welfare should you lose the capacity to do so. It's not just for the elderly; younger people may become incapacitated through accident or illness. If you do not have an LPA in place and later become mentally incapacitated, relatives may face long delays and expense in applying to the Court of Protection to get access and take control of your assets and finances.
I am Married – do I need a LPA?
Any assets in your sole name will not be accessible by your spouse, for example ISAs, savings accounts, investments and pensions. Additionally, the British Banking Association has advised that when one account holder of a joint account loses capacity, the other joint holder may not be able to access the funds without a LPA in place.
What types of LPA are available
There are TWO types of LPA:
Property and Financial Affairs were You appoint Attorney(s) to take care of your property and affairs should you permanently loose the mental capacity to make your own decisions or if you are temporarily unable to make decisions due to accident or illness or for example being temporarily overseas.
Health & Welfare LPA – You appoint Attorney(s) to take care of your personal welfare and healthcare should you permanently loose the mental capacity to make your own decisions.
How do I create an LPA
An LPA must be set out in the legally required format and has a ‘certificate’ section that must be completed by an independent person to confirm that you as the donor (the person making the LPA) understands and is not under pressure.
What decisions can the Attorney(s) make?
Depending on the type of LPA you as a donor make and any limitations you include, your Attorney(s) can make decisions about your Property and financial Affairs and / or Personal Welfare (including giving or refusing consent to treatment). Your Attorney(s) will only be able to make health and welfare decisions for you if you lose the capacity to do this for yourself.
When does the power come into force
The LPA can be registered with the Public Guardian at any time although it is recommended that this is done as soon as possible after creation. Your Attorney(s) cannot act under an LPA unless it is registered with the Public Guardian. Then your Attorney(s) can make any decisions if you cannot make the required decision for yourself.
Your Attorney(s) under an LPA have a statutory duty to act in your best interests and must follow the guidelines set out in the Mental Capacity Act Code of Practice.
Can I carry on making decisions
You can carry on making decisions after registration, provided you have the capacity to do so.
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