Below are some answers to the most common questions that we get asked. We aim to simplify the process and make it accessible. Please see the Help and Information section for more answers.Request a Callback
A Lasting Power of Attorney (LPA) is a legal tool that allows you to appoint someone to make certain decisions on your behalf. The appointed person can manage your finances, health and welfare for you in the future should you reach a point where you are no longer able to make decisions for yourself.
Property & Financial Affairs allows appointed attorney(s) to make decisions on the Donor’s behalf regarding their assets, property and financial matters. Health & Welfare allows appointed attorney(s) to make decisions on the Donor’s behalf regarding issues such as where the donor will live and with whom, as well as their healthcare and personal welfare. Different attorneys are sometimes applicable to each document. LPA Made Simple can help guide you in making the right choices call us now on 0845 057 3286 for more information.
If you become incapable of making certain decisions for yourself, there may come a time when you lose control of your own affairs. If no one has the legal power provided by a registered LPA, a relative or friend might have to apply to the Court of Protection for the alternative position, called a Deputy. This often requires expensive legal representation.
This is often a comparatively long process accompanied with high costs. Annual fees and the production of detailed accounts are also involved ,and sometimes the Deputyship is awarded to a professional instead, whose costs must also be met.
In the meantime accessing bank and building society accounts, paying normal bills, including such things as care fees, managing or realising assets, such as houses, become very problematical for those who care about you, such as your children or other relatives. This can also include how you are looked after if you have fallen ill.
Any person over 18 with capacity can make a separate LPA for both Property & Affairs and Health & Welfare. You do not need to reside in England or Wales. Two or more people cannot make joint LPAs; an LPA is made by each person and they are known as the Donor. Husbands and wives must each have separate documents.
LPAs made in England and Wales cannot be used for assets etc in other countries, including Scotland, Northern Ireland and Southern Ireland.
Until each LPA has been registered with the Office of the Public Guardian, by either the Donor or Attorney(s), it cannot be used and no powers are conferred on the Attorney until registered.
You can appoint as many Attorneys as you wish. Consideration should be give to the practicality of having too many people all trying to act on your behalf; equally having a sole Attorney could render the document powerless if something happened to that person.
Attorneys can act jointly on some or all matters, and jointly and severerally on some or all matters. In most cases jointly and severally for all matters ensures that the right Attorneys, chosen by you, can look after your affairs in the most efficient way both for you and them.
Ultimately there are no right or wrongs; it is the decision of the Donor who must remember that an Attorney can stand down at any time now, and in the future. Replacements can be included in the document at the time of its creation.
The EPA was replaced by the LPA on October 1st 2007. An EPA created before that date can still be registered. As an EPA can only be registered by an Attorney and cannot be registered until the Donor has lost relevant capacity, this means that the document cannot be used by the Attorney(s) until registration is complete (this can take longer than the LPA registration period of at least 8 weeks generally).
If the content of the EPA needs altering, such as the Donor wishing to change an Attorney, you have to create a new LPA to replace the EPA. Changes to an existing un-registered EPA are not allowed.
An EPA only covers decisions relating to property and financial affairs and does not cover health and welfare issues, so if the donor is worried by such matters then an LPA for Health and Welfare can be created and registered in advance.
As an EPA was a relatively inexpensive document, some people are happy to replace this with the significant advantages offered by the LPA.
If you have previously made an Advance Directive stipulating that you wish to refuse treatment it may be rendered invalid if you later make a Health & Welfare LPA, which gives authority to the the (remove) Attorney(s) to give or refuse consent to the treatment to which the Advance Directive relates.
If this is the case you need to take professional advice on exactly what powers you confer on your Attorney(s) when drawing up and Health & Welfare LPA.
The Office of Public Guardian fee to register an LPA is £82.00 (no vat). Remission saving 50% of this fee can be obtained in many cases, and full exemption for some people.
LPA Made Simple will always work with our clients to minimise this cost