Lasting Powers of Attorney and Deputyship Orders
What is a Lasting Power of Attorney ("LPA")?
By making an LPA you can give someone (your Attorney) you know and trust your express authority to deal with your affairs if you are unable to do this yourself. An LPA cannot be used until it has been registered at the Office of the Public Guardian. It can cover either your financial affairs, or decisions that may need to be made about your personal welfare (e.g. medical treatment, care and so on) or both.
The power runs parallel to your own right to deal with your assets and to make decisions for yourself. Making an LPA is sensible planning.
What if I do not have an LPA and need help in the future?
If you do not have an LPA and become unable to deal with your own affairs due to a loss of mental capacity, the process of appointing someone to stand in your place (and be your court-appointed Deputy) can be cumbersome and costly.
There may be a period where no one is officially appointed to assist you, during which anyone trying to assist on your behalf will be doing so without the appropriate authority. This could create difficulty and distress for you and your family. Appointing an Attorney under an LPA is much less expensive and gives you and your family peace of mind for the future.
We can offer advice and assist in making an application for a Deputyship Order if somebody you know does not have an LPA and you believe they need help in dealing with their affairs.
We have a dedicated team of experienced, professional and approachable solicitors. We offer friendly and efficient advice. We are able to meet you at any of our offices or, if it is more convenient for you, at your home or other location at a date and time that is best for you.
Frequently Asked Questions
- When can I make a Lasting Power of Attorney ("LPA")?
You can prepare an LPA at any time, provided you have the capacity to do so. Your attorneys cannot act on your behalf unless your LPA has been registered at the Office of the Public Guardian. In some cases it is appropriate to apply to register your LPA straight away. We can advise you regarding this.
- How much does an LPA cost?
We charge a standard fee for the preparation of LPAs and would be happy to discuss these with you. There are additional costs if you require your LPA to be registered or for Fosters to act as your Certificate Provider.
- What happens if somebody I know cannot manage their affairs and does not have an LPA?
If somebody you know does not have an LPA and is unable to manage their own affairs, anybody can apply to become their Deputy by making an application to the Court of Protection for a Deputyship Order. We can assist you in making this application.
- How much does it cost to apply for a Deputyship Order?
The cost of instructing us to assist you in applying for a straightforward Deputyship order is set by the Court of Protection and is currently £800 plus VAT. If the application becomes more complex the costs will rise.
The Probate Team
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