Making a decision of this magnitude can be a difficult time for anyone, however with Malcolm & Co, you can rest assured that we will ensure that all legal implications are properly explained to you before you sign anything.
Our solicitors will ensure that all paperwork is filled out and filed correctly, and that your wishes are carried out as you want, should you become mentally or physically incapacitated. If you are concerned regarding a loved one who already has already lost capacity, we can also assist in making a deputyship.
LPA is a legal document which allows an individual to designate certain decision-making powers to another person (i.e. your attorney) should an individual lose their mental capacity to make those decisions for themselves in the future.
A Lasting Power of Attorney can only be granted when a person has the mental capacity. It is possible to have a General Power of Attorney. However, this only allows limited scope to act on individual’s behalf.
There are two types of Lasting Power of Attorney:
Property and Financial Affairs
Health and Welfare.
Both registered with the Office of the Public Guardian (the OPG) before the attorney can act.
A Lasting Power of Attorney is a legal document which needs to be registered and is accepted by all UK institutions once registered.
In the event you ever do lose mental capacity and have not made an LPA you will not then be able to grant the power under an LPA and your loved ones will need to apply to the Court of Protection to obtain such powers.
Making an application for an LPA involves completing the substantive LPA forms for Property and Financial Affairs and/or Health and Welfare.
These forms are divided into three parts, Part A, B and C.
Part A requires the details of the donor (i.e the person granting the power), their attorneys and the donor's signature.
Part B requires the signature of what is known as a "certificate provider" to confirm that the donor had the mental capacity to be able to make the grant at the time the donor signed Part A.
This certificate provider can be a solicitor, medical or other professional, who preferably, should have some experience in mental capacity issues or someone who has known the donor for 2 years or more. The attorneys will then need to sign Part C.
The OPG also sets a registration fee of 82.00 per LPA but this fee can be reduced or waived in some circumstances.
The fees to apply for a Lasting Power Attorney, is £450.00