Lasting Power of Attorney

by | Aug 12, 2022 | Guides, Power of Attorney

Power of Attorney in red envelope

What is a lasting power of attorney?

A lasting power of attorney (referred to as an ‘LPA’) is a 20-page legal document that enables you to select one or more people to manage your affairs when you are unable to. These individuals are called attorneys and are often chosen from trusted friends, family, or colleagues. 

A lasting power of attorney is for your lifetime. Once you pass away, a Will is needed to handle your estate after death.

What does lasting power of attorney cover? 

Depending on what you need to be managed, there are two types of lasting power of attorney:

  • Health and Welfare LPA’s allow your attorneys to make decisions that affect your physical and mental wellbeing. These decisions can include your diet and housing, what healthcare you have access to and where or how you receive it. This document only comes into effect if you lose your mental capacity.
  • Property & Finance LPA’s give attorneys the right to manage your properties and/or finances. Once activated, attorneys are responsible for paying bills and mortgages, buying or selling properties as well as collecting pensions and other benefits. This document can come into effect as soon as it is registered, or only if you lose your mental capacity.

How much does an LPA cost?

When drafting a lasting power of attorney, the costs start from £99 depending on the service you proceed with. This fee excludes the Office of the Public Guardian’s registration fees.

Depending on your circumstances, you can choose which power of attorney you want to register – whether you require one or the other, or both of them for the reassurance that everything is in place.

To book a free appointment with our legal advisors, please call 0800 888 6508.

Benefits of having a lasting power of attorney

  • When you can no longer look after your health or finances, someone you trust can make decisions for you. 
  • Having a lasting power of attorney in place is much cheaper than applying for deputyship. 
  • LPA’s are activated immediately once you can’t take care of yourself.  

What if I don’t have a Lasting Power of Attorney?

If you lose mental capacity before an LPA is created, you lose all control of your healthcare and financial assets, whether accepting medical treatment or accessing money from your pension. It is often assumed that your next-of-kin gain control but unfortunately this is not true. 

For a friend or family member to gain control over your medical and financial decisions, they must first apply to the Court of Protection and then wait for the Court to grant ‘deputyship’. You can find more information on deputyships here: Court of Protection | Zenco Legal

If you want to have someone you trust care for you and your assets without all the stress and costs of applying for a ‘deputyship’, a lasting power of attorney can grant peace of mind at a much lower cost.

  • To start your online lasting power of attorney today, click here

Do I need a witness to register a lasting power of attorney? 

To register an LPA, you will need an independent person to witness the signing of documents. This person must be 18+, not listed as an attorney and have full mental capacity. If you draft an LPA without a witness, it becomes invalid. 

How do I make a lasting power of attorney?

To make an LPA, you can either use online resources provided by the Government to do it yourself or seek professional assistance like Zenco. LPAs are serious documents that can affect the rest of your life, many people choose to use expert solicitors to get it done correctly. 

Office of Public Guardian application costs

For a lasting power of attorney to be usable, it must be registered with The Office of the Public Guardian (OPG) for application fee. Should you choose Zenco to prepare your LPA, we will require you to include this payment. 

Exemptions are available if you have access to certain government benefits, as well as a 50% reduction in cost if you have financial issues or receive Universal Credit. For more information, please refer to the Office of the Public Guardian website.

Henry Brown
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