Anyone aged 18 or over with mental capacity (known as the "donor" in law) can create a document called a lasting power of attorney naming a person (or persons) of their choice (known as the "donee(s)") who can make decisions on the donor's behalf in the donor's best interests should the donor lose capacity temporarily or permanently.
There are two types of lasting powers of attorney:
1. Health & Welfare for decisions such as medical treatment (including life-sustaining treatment) and type and location of care.
2. Property & Financial Affairs for decisions such as purchasing/selling property & investments, applying for eligible welfare benefits and ensuring day to day bills are paid.
A person does not have to choose a family member to make decisions on their behalf: friends can be chosen or a professional (such as a solicitor from this firm).
A person can also choose to appoint more than one person or have different people making different decisions e.g. a donor could choose their spouse to make property & financial decisions but appoint their two siblings to jointly make any health & welfare decisions.
We can advise and assist with the creation of these documents (including as to what one can and cannot add as instructions within them), be the certificate provider and assist with the registration of these documents with the Office of the Public Guardian (OPG).
Our fees for this service (assuming the donor has capacity) are as follows:
• Health & welfare LPA = £375.00 + VAT (£450.00)
• Property & financial affairs LPA = £375.00 + VAT (£450.00)
• Both LPAs made together = £650.00 + VAT (£780.00)
If a home visit is required, travel and mileage (as detailed on "Our Charges" page) will be added to the above.
In addition, the OPG charges a fee for the registration of each lasting power of attorney which is currently £82.00. Those in receipt of certain means-tested benefits or who have an income before tax of less than £12,000 per annum may be eligible for an exemption or a reduction in the OPG fee (but not our fees: there is no legal aid available for the creation and registration of LPAs unfortunately).
If there is already an existing lasting power of attorney in place, we can also assist if there are concerns about an attorney.
Please contact us for any further information.