Powers of Attorney
A Power of Attorney is a legal document which allows you to appoint people that you trust (including family members, friends and professionals) to act on your behalf if you lose your mental or physical capacity.
Until 2007 these documents were known and Enduring Powers of Attorney. An Enduring Power of Attorney (EPA) enables you to appoint someone or several people to act on your behalf in relation to your financial affairs, if you were no longer able to take care of your finances yourself. Since 1st October 2007, it has not been possible to create a new Enduring Power of Attorney in the UK, but you can register existing Enduring Powers of Attorney.
Following 1st October 2007, you can only put in place a Lasting Power of Attorney (LPA). There are two types of LPA; one that covers your financial affairs and once that covers your health and welfare decisions.
You do not have to put in place both types of LPA but it is advisable.
For LPAs to be used by your Attorneys, they need to be registered with the Office of the Public Guardian and they do charge a fee for this (see below). If the documents are not registered, your Attorneys cannot act on your behalf.
If you would like to put in place an LPA or register an existing EPA you can contact us using the details below.
How much does it cost to make a Power of Attorney?
If you would like to put in place one Lasting Power of Attorney, we fix the fee for this at £450 + VAT. If you would like to put in place both types of LPA (one for health and welfare decisions & one for financial affairs) we fix the fee at £600 plus VAT.
If a couple want to put in place one LPA each, the fee would be fixed at £600 + VAT. If a couple would both like to put in place both types of LPA, the fee would be fixed at £800 + VAT.
The Office of the Public Guardian charges a fee of £82 to register an LPA document. You do not have to register the documents straight away, but be aware that your Attorneys cannot act on your behalf until the documents are registered. The registration process also takes approximately four to five months to complete, and so it is best to get the LPA’s registered and useable far in advance of any actual need to rely on them.
What happens if I don’t have a lasting power of attorney?
No one will be able to immediately deal with your property and affairs if you become mentally incapable of doing so. Instead a lengthy and expensive procedure will have to be followed to put a deputy in place who can then act on your behalf. You will have no choice as to who this deputy is and your assets will be frozen until they are appointed. If you run your own business this means that wages cannot be paid or your contracts completed.
Can I choose my own attorney?
Yes. You can appoint anyone you wish as long as they are over 18 and not bankrupt or an undischarged bankrupt. You can choose as many attorneys as you want and have them either agreeing all decisions or some acting alone. You can also appoint attorneys separately to deal with specific parts of your affairs.
Can I appoint a professional such as a solicitor?
Yes you can. In some circumstances this would be advisable. For example, if you have a business to keep running or a complicated portfolio of shares, you may want an expert to deal with these matters whilst appointing other attorneys to deal with day to day matters.
Home Visit Service
We understand it is not always easy to come to us. That is why our lawyers offer the Home Visit Service to clients who would like to discuss issues such as making a Will, creating Trusts, Lasting Powers of Attorney or, discussing the administration of a deceased person’s estate (Probate).
We can visit clients in a hospital, hospice, care home or nursing home to help sort out their affairs and can make out of hours appointments by arrangement.
If you would prefer to deal with your legal affairs at home or otherwise out of the office please contact us on 01752 668246 to arrange a visit.
For further advice or to instruct us, please contact Jane, Glenn or Bethany on 01752 668246 or send an email.
If you are looking for a power of attorney solicitor in Plymouth, Plympton, Plymstock and the surrounding area, choose the Plymouth power of attorney solicitors, Gard & Co. Solicitors.
