How does the Registration Fee affect me ?

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

I already have an Advance Directive (‘Living Will’) What should I do ?

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.

If I already have an Enduring Power of Attorney (EPA) do I need to make a Lasting Power of Attorney ?

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.

How many Attorneys do I need?

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.

What powers does an Attorney have before the document is registered?

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.