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Your Guide to Making
an LPA | 2023

Your Guide to Making
an LPA | 2023

Your Guide to Making
an LPA | 2023

WHAT IS
AN LPA?

AT A GLANCE

What is an LPA?

What is
an LPA?

An LPA is a Lasting Power of Attorney. A Lasting Power of Attorney is a document that allows you (the donor) to appoint people (attorneys) to make decisions on your behalf. There are two types of Lasting Power of Attorney: Health & Welfare, and Property & Finance.

Health & Welfare

A Health & Welfare LPA allows you (the donor) to appoint someone (the attorney/s) to make decisions about your health and welfare should you lose mental capacity. This includes things like:

  • Your care arrangements
  • Medical treatment
  • Your nutrition

It can only be used once you’re deemed to have lost mental capacity. Your loss of mental capacity will need to be confirmed by a doctor before it can be used.

 

Property & Finance

A Property & Finance LPA allows you (the donor) to appoint someone (the attorney/s) to make decisions about your property and finances. This includes things like:

  • Selling property
  • Managing your bank accounts
  • Investments
  • Collecting a pension
  • Paying bills

A Property & Finance LPA can be used as soon as it’s registered. You (the donor) will need to grant permission for the LPA to be used if you haven’t lose mental capacity. For example, if you are planning on being abroad for a few months, you may wish to grant permission for your attorney/s to be able to manage your finances on your behalf until you are back in the country.

A Property & Finance LPA can be used before you lose mental capacity with your permission, or if you lose mental capacity.

HOW DOES MAKING
AN LPA WORK?

AT A GLANCE

Choose LPA

Your Wishes

How to Appoint Attorneys

Certificate Providers

Sign & Register

Choose Your
LPA

You will need to decide what kind of LPA you would like to make. You can make either a Health & Welfare LPA or a Property & Finance LPA, or you can make both at the same time.

You can find out more about the differences between Health & Welfare LPAs and Property & Finance LPAs in the section above.

Consider Your
Wishes

A Lasting Power of Attorney is a very personal document, and it should meet your needs. Your solicitor will be able to help you to understand how each LPA might impact your unique circumstances and answer any questions that you have.

Your solicitor will then get started on preparing your LPA documentation. Before they submit the LPA(s) to the Office of Public Guardian, they will arrange for you to review the LPA and approve it.

Preferences are what you’d like all your attorneys to think about when they make decisions for you. Your attorneys don’t have to follow them but should bear them in mind.

You can give your attorneys instructions or tell them your preferences in this section – but you don’t usually have to. Most people leave this page of the LPA blank.

You can talk to your attorneys and explain how you’d like them to act for you. Your attorneys will then be free to make decisions they think are right, and they will know how you’d want them made.

If you’re not sure about what you can put in this section of your LPA, please see enclosed two guides, one in relation the Financial LPA and one in relation to the Health and Welfare LPA.

How to
Appoint Attorneys

There are three ways in which you can appoint your attorney(s).

Jointly & Severally

When appointing your attorneys jointly and severally, they can make decisions on their own or together. Most people choose this option because it’s the most practical and flexible. Attorneys can collaborate to make important decisions if they wish but can make simple or urgent decision on their own. It’s up to the attorneys to choose when they act together or alone. It also means that if one of the attorneys dies or can no longer act, your LPA can still be used. If one attorney makes a decision, it has the same effect as if all the attorneys made that decision.

Jointly

When appoint your attorneys jointly, they must all agree unanimously  on every decision, no matter how big or small. In this instance, making smaller decisions could take longer than it reasonably needs to because it takes time to get all of the attorneys together to agree. If your attorneys can’t all agree on the decision then they can only make that decision by going to court.

It’s extremely important to note that when appointing attorneys jointly, that if one attorney dies or becomes unable to act, all of your attorneys become unable to act. Your LPA will stop working unless you appoint at least one replacement attorney.

Jointly, and Jointly & Severally

In this instance, all attorneys must agree unanimously on some decisions but they can make other decisions on their own. If you choose this option, you’ll need to list the decisions your attorneys should make jointly, and which decisions they should make unanimously on a document called a Continuation Sheet.

It’s extremely important to note that if an attorney in this case dies or becomes unable to act,  your LPA will stop working unless you appoint at least one replacement attorney.

 

Certificate
Providers

The Certificate Provider of your Lasting Power of Attorney (LPA) is an independent person who will certify that you have the mental capacity to make the LPA and you are in no way being influenced or pressured to put in place such document.

 

Your Certificate Provider can be any of the following: –

  • Someone you know personally for at least 2 years (independent, not related to you or mentioned in the LPA and they must be over 18); or
  • A professional (GP, solicitor, social worker, independent mental capacity advocate (IMCA).  Lyons Bowe Solicitors can be your Certificate Provider for an additional fee.

The following can NOT act as Certificate Provider: –

  • A named attorney or replacement attorney;
  • A relative to the donor, an attorney or replacement attorney;
  • Partner (unmarried) of donor, an attorney or replacement attorney;
  • Business partner of donor, an attorney or replacement attorney; and
  • Owner, manager, director, or employee of a care home where you reside.

Sign &
Register

Once you’ve approved your LPA, your solicitor will arrange for you to sign your LPA in the correct order. If the LPA is not signed in the correct order, it may be rejected by the Office of Public Guardian and you will need to re-submit your application.

Once the LPA has been submitted to the Office of Public Guardian, it will take 16-20 weeks for them to confirm that the LPA has been successfully registered and can be used.

LPA
Misconceptions

AT A GLANCE

Your LPA and Your Will

Your LPA and Your Spouse

Your LPA and
Your Will

A common misconception around Lasting Powers of Attorney, is that anyone who is named in your Will, will automatically have the right to make decisions about your health, welfare, property, or finances. This is not the case. The powers laid out in your Will, only come into power on your death. People named in your Will have no automatic right to make decisions on your behalf throughout your life.

Additionally, the opposite is also a common belief; that your nominated attorney(s) in your LPA will automatically be able to make decisions about what happens to your estate on your death. This is not the case. On your death, the powers of granted by your LPA come to an end, and all choices from that point on are decided by the people named in your Will.

Your LPA and
Your Spouse

It’s a common misconception that your spouse will automatically be able to take care of things should you lose mental capacity but this isn’t the case.

If you lose mental capacity without an LPA, your spouse or family member would need to obtain legal authority over your affairs and health via the Court of Protection. The person appointed would be called your “deputy” and would only have the power to make decisions about very specific circumstances outlined in the order.

The application process in the Court of Protection is a lengthy and costly process and may need to be repeated for every new decision that needs to be made on your behalf.

LPA
FAQs

AT A GLANCE

LPA FAQs

LPA
FAQs

WHEN CAN AN LPA BE USED?

This depends on the type of LPA you have. Some people choose to use their LPA whilst they still have mental capacity if they live abroad for extended periods of time throughout the year and wish for someone to handle their affairs whilst they are away.

Most LPAs will take effect once a person loses mental capacity. A doctor will need to confirm that a person has lost mental capacity before the LPA can be used.

DO I NEED A SOLICITOR TO MAKE AN LPA?

Whilst you don’t legally need a solicitor to make an LPA, it is strongly recommended that you do so. If your application is not correctly or sufficiently completed the first time, you may need to re-submit the application and re-pay the application fee to the Office of Public Guardian.

A solicitor can help to keep costs down and ensure that your LPAs meet your needs. If you wish to leave any instructions to your attorneys, your solicitor can help you to word your wishes in such a way that makes them legally sound and clear.

WHAT HAPPENS IF I DON’T MAKE AN LPA?

Not having an LPA makes things a lot more costly and complicated should you lose mental capacity. A person loses mental capacity when they are no longer of sound mind and able to make their own decisions. This could be due to an accident or a disease such as dementia. An LPA cannot be made once someone is deemed to have lost mental capacity.

If you lose mental capacity without an LPA in place, no one will have the legal authority to manage your health or finances. It’s a common misconception that your spouse will automatically be able to take care of things but this isn’t the case.

Your spouse or family member would need to obtain legal authority over your affairs and health via the Court of Protection. The person appointed will be called your ‘deputy’. This is a very long, costly, and complicated court process and may have to be repeated for every new decision the person needs to make on your behalf.

HOW MUCH DOES AN LPA COST?

Our Fixed Fee LPAs start from £250 + VAT and Disbursements.

LEGAL FEES

x1 LPA: £250 + VAT and disbs.
x2 LPAs: £350 + VAT and disbs.
x4 LPAs: £450 + VAT and disbs.

DISBURSEMENTS

Government Fee

£84 per application

ID Checks

£14 per person

YOUR LPA
YOUR WAY

The law has a reputation for being very wordy, complicated and Latin. We have broken down everything you need to know about the law for every matter you might need us for. Don’t worry, there won’t be an exam at the end!

YOUR LPA
YOUR WAY

When you make a Lasting Power of Attorney, you should have a choice in how you make it. With Lyons Bowe, you can make your LPA, in your way.

By having a varied selection of LPAs for you to choose from, you can be sure that you’re making an LPA that works for you, and your budget.

Our smarter pricing structure makes it easier for you to pick and mix a package that fits you and your needs.

x1 LPA | £250.00

+ VAT and disbursements

SINGLE LPA

Perfect for making either a Health & Welfare LPA or a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA OR
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £82 Government Fee
  • £14 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind
SEND ENQUIRY

x2 LPA | £350.00

+ VAT and disbursements

FULL LPA

Perfect for one person making both a Health & Welfare LPA and a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA AND
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £164 Government Fee (x2 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind
SEND ENQUIRY

x4 LPA | £450.00

+ VAT and disbursements

BUILT FOR TWO

Perfect for couples both making a Health & Welfare LPA and Property & Finance LPA.

WHAT’S INCLUDED?

  • x2 Health & Welfare LPAs AND
  • x2 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £328 Government Fee (x4 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind
SEND ENQUIRY

SINGLE LPA

SINGLE LPA

x1 LPA | £250.00

+ VAT and disbursements

Perfect for making either a Health & Welfare LPA or a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA OR
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £82 Government Fee
  • £14 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind

FULL LPA

FULL LPA

x2 LPA | £350.00

+ VAT and disbursements

Perfect for one person making both a Health & Welfare LPA and a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA AND
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £164 Government Fee (x2 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind

BUILT FOR TWO

BUILT FOR TWO

x4 LPA | £450.00

+ VAT and disbursements

Perfect for couples both making a Health & Welfare LPA and Property & Finance LPA.

WHAT’S INCLUDED?

  • x2 Health & Welfare LPAs AND
  • x2 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £328 Government Fee (x4 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind

SINGLE LPA

x1 LPA | £250.00+VAT

+ VAT and disbursements

Perfect for making either a Health & Welfare LPA or a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA OR
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £82 Government Fee
  • £14 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind

FULL LPA

x2 LPA | £350.00

+ VAT and disbursements

Perfect for one person making both a Health & Welfare LPA and a Property & Finance LPA.

WHAT’S INCLUDED?

  • x1 Health & Welfare LPA AND
  • x1 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £164 Government Fee (x2 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind

BUILT FOR TWO

x4 LPA | £450.00

+ VAT and disbursements

Perfect for couples both making a Health & Welfare LPA and Property & Finance LPA.

WHAT’S INCLUDED?

  • x2 Health & Welfare LPAs AND
  • x2 Property & Finance LPA

ADDITIONAL COSTS & DISBURSEMENTS

  • £328 Government Fee (x4 £82 application fee)
  • £28 Anti Money Laundering check
  • Ask your solicitor for more information about discounted Wills for complete legal peace of mind