Many people don’t consider Lasting Powers of Attorney until a condition involving mental capacity occurs. We recommend that you put one in place much like a Will, as a way of getting your affairs in order. If it is left too late then it can become more complex.
A Lasting Power of Attorney is a legal document which allows you to make a decision as to who steps in and helps you with your property and financial affairs should you lose physical or mental capacity. In addition should you lose mental capacity a separate Lasting Power of Attorney will assist with health and welfare decisions to be made on your behalf.
It is invaluable in many situations. Banks, insurance companies, doctors and other organisations are very good at sticking to scripts and quoting data protection issues to regulate who they can speak to about particular issues.
We at Leonard Gray know how best to equip your family and friends to make these processes easier, and are sensitive to the issues of financial independence as well as the importance of accurate advice.
Why should I draw up a Lasting Power of Attorney at the same time as my Will?
A simple accident or fall could leave you needing some help to manage your affairs.
A Lasting Power of Attorney can be created by you at any time but can only be arranged while you are still of sound mind. If you lose your mental capacity or become too unwell to do so, then this will cause problems for those you care about most.
Booking an appointment
To book an appointment or to have an initial informal chat, please contact Lisa Bennett on 01245 504904 or one of our solicitors below.
If you are coming to our office in Chelmsford, car parking is available at the rear of our building and wheelchair access can be easily arranged. If necessary, our solicitors can also visit you at home or in hospital.
Our fees
- A single Lasting Power of Attorney (including registration) is £495 plus VAT
- A mirror (normally for a husband and wife reflecting each other’s provisions) or both types of Lasting Power of Attorney (including registration) is £695 plus VAT.
At present, VAT is 20%.
Fees charged by the Office of the Public Guardian
Before a Lasting Power of Attorney can be used, it must be registered with a government organisation called the Office of the Public Guardian. They charge a fee of £82 (no VAT) to register each Lasting Power of Attorney.
If your gross annual income is below £12,000 you may qualify for a 50% discount on this fee and if you are in receipt of certain means tested state benefits you may not have to pay the registration fee at all. Please let us know if you would like further advice on this.
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Further information
Enduring Powers of Attorney
An Enduring Power of Attorney can no longer be created (since 2008). Existing documents do remain valid and allow for someone to deal with an individual’s affairs in the same way as a Lasting Power of Attorney. There is a requirement however, to have this document registered with the Office of the Public Guardian where there is doubt as to the individual’s mental capacity. Our fee for the registration of an Enduring Power of Attorney is £695 plus VAT.
Deputyship application on the loss of mental capacity
If there is no Lasting Power of Attorney and someone is losing or has lost mental capacity then a Deputyship Order from the Court of Protection will be needed so as to appoint a financial representative for the person concerned. The “Deputy”, as the representative is then known, can then act on behalf of that person and deal with their finances for them. However, this can be a very lengthy and expensive process best avoided if possible.
