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Solicitors typically charge between £299 and £599 + VAT per LPA
1 to 2 x LPA's £189 each 3 to 4 x LPA's - £175 each (Not currently charging VAT)
In my opinion having a registered LPA in place is as important as making a will, if not more so. Sadly, many of us will know of a loved one, friend or neighbour who has lost their mental capacity through accident or illness.
Ensuring that you have an LPA registered with the Office of the Public Guardian (OPG) will provide peace of mind to you (the donor) and your appointed representative(s) (your attorney(s)) that they will have a legally binding authority to act on your behalf if you are unable to do so yourself, concerning matters such as financial affairs and your health and welfare.
Having mental capacity means being able to make your own decisions and understand the consequences of those decisions. For the purposes of the MCA 2005, section 2 a person is unable to make a decision for himself/herself if he/she is unable:
Choosing someone to act as your attorney is extremely important. It may be a family member or a friend or a professional such as a solicitor. It must be someone you trust. They can only make a decision on your behalf, if it can be demonstrated that you no longer have mental capacity to make that decision, at the time it needs to be made.
If you’re married or in a civil partnership, you may have assumed that your spouse or civil partner would automatically be able to make decisions about your finances or your health and care, if there comes a time when you can no longer do so due to loss of mental capacity. Without an LPA, your spouse or civil partner doesn’t have this authority.
If you lose your mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with every day financial matters and decisions concerning your health and welfare. This can take between 6 to 7 months on average, and it is a very expensive process costing thousands of pounds. All accounts, including joint accounts could be frozen or severely restricted even if only ONE or more account holder loses mental capacity and there is no registered LPA in place.
“If one joint account holder loses mental capacity, banks and building societies can decide whether or not to temporarily restrict the use of the account to essential transactions only” – BRITISH BANK ASSOCIATION.
This has huge implications as funds cannot be freely withdrawn without an order from the Court of Protection.
An illness such as Dementia
A condition such as Alzheimer’s Disease
A condition such as a stroke
A brain injury
A severe mental health condition
How would this impact you, and your business? It may not be possible to pay staff or suppliers or complete business transactions.
If accounts are held jointly in the names of business partners or directors, the bank may choose to freeze the account if you as a partner or director loses mental capacity to deal with financial affairs. If this were to happen there would be a real risk to the business failing or being wound up.
Examples of Attorney Powers – Personal Welfare
The standard form does not have any restrictions or conditions. If the donor makes no restrictions the attorneys can do anything that the donor could do including:
1. Making decisions about the donor’s permanent residence.
2. Making decisions on any care that is required and the level of care.
3. Consent or refuse medical treatment including medical procedures, therapy, etc.
4. Making decisions on the donors diet, dress and personal appearance.
5. Take the donor on holiday, choosing the donor’s social and cultural activities.
6. Organising work, education or training for the donor.
7. Assessments for and provision of community care services.
8. Rights of access to personal information about the donor.
9. Consenting to the donor being involved in certain area of research that meets the strict rules set out by the Act.
Please note these are only examples and is not a complete list of powers.
Examples of Attorney Powers – Property and Financial Affairs
1. Managing bank accounts including opening and closing accounts.
2. Claiming and receiving benefits and other
payments, ie pensions, rebates etc. on behalf of the donor.
3. Pay bills, household expenses, care fees, etc.
4. Buying, selling and renting the property of the donor.
5. Making gifts on the donor’s behalf – however this is restricted to making gifts to people who are related or connected to the donor for special occasions ie, birthdays, weddings etc.
6. Making decisions concerning any investments held by the donor.
7. Making all tax returns and adjusting and settling any claims for tax.
8. Paying for private medical care.
9. Purchasing a vehicle or any other equipment which may be required for your benefit paid from the donor’s income or capital.
10. Implementing tax planning or similar arrangements, however an application to the Court of Protection may be required in certain circumstances.
Please note these are only examples and is not a complete list of powers.
Providing lasting powers of attorney to people in Gloucestershire including, Gloucester Tewkesbury, Cheltenham, Cirencester and Stroud.
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