Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that appoints someone you trust (an Attorney) to help you with your finances and/or make decisions about your health and welfare if you require help.

There are two types:

• Property and Financial Affairs LPA, to give someone the power to do things like pay your bills, manage your bank accounts, and collect your pension.
• Health and Welfare LPA, to give someone the power to make decisions about your day-to-day care, your living arrangements (e.g., if you should move into a care home), and your medical treatment.

Usually, people make a Lasting Power of Attorney in case they lose their mental capacity in the future, for example, because of:

• A brain injury
• An illness such as Alzheimer’s disease
• A condition such as a stroke

However, Property and Financial Affairs Lasting Powers of Attorney can be used whenever you need it, for example, if you are going into hospital for an operation or going overseas for a long time.

Preparing Lasting Powers of Attorney

In preparing a Lasting Power of Attorney, our service involves meeting the person during an initial meeting, handling any issues of capacity with care and sensitivity at that stage. Our role would then involve:

• Helping you identify the best people to be your Attorneys
• Form filling
• Obtaining signatures
• Registering the document with the Office of the Public Guardian

Registering existing Enduring Powers of Attorney

Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney in 2007. However, if you or a relative made an EPA before October 2007, it can still be used to make decisions about someone’s property and financial affairs. If you still have mental capacity, your EPA can be used without being registered. However, if you do not, it must be registered with the Office of the Public Guardian.

We can help you register an EPA if you are concerned that the person who made it has lost their mental capacity, for example, due to an illness such as Alzheimer’s disease.

Advice to Attorneys

We can provide advice and support to help you fulfil your role as an Attorney. This could include:

• Helping you assess the mental capacity of your relative (you must be careful to assess capacity for each individual decision as while your relative may not have capacity to make some decisions, they may have capacity to make others)
• Providing advice about the scope of your role set out in the Power of Attorney and your responsibilities
• Applying to the Court of Protection about decisions you do not have the power to make

For more information about making a Lasting Power of Attorney or registering an Enduring Power of Attorney, get in touch by giving us a call at your local branch in Scunthorpe or Goole or by filling in our online enquiry form for a quick response.

Choosing Your Attorney

When choosing an attorney, it’s important to select someone you trust and who understands your wishes. Your attorney must be over 18 and cannot be a professional care worker unless they are your only relative. It’s also advisable to appoint more than one attorney and specify whether they should make decisions jointly or severally.

How Many Attorneys Can I Have?

You can appoint as many attorneys as you like. It’s often beneficial to have more than one to ensure decisions are made even if one attorney is unavailable. You can specify how they should act, jointly, jointly for some decisions, or jointly and severally.

Paying Your Attorney

Attorneys can claim back out-of-pocket expenses incurred while carrying out their duties. Generally, non-professional attorneys cannot claim for their time unless specified in the LPA. Professional attorneys, such as solicitors, will charge for their time, so consider the costs involved before making a decision.

Responsibilities of an Attorney

Your attorney must follow principles set out in the Mental Capacity Act 2005. They should assume you have capacity unless proven otherwise, help you make decisions, avoid making assumptions based on unwise decisions, make the least restrictive decisions, and always act in your best interests.

Disagreements can sometimes arise regarding the appointment of an attorney or their actions under a Lasting Power of Attorney (LPA). Family members or friends may challenge an LPA if they believe the donor was not making an informed choice or if the attorney is not acting in the donor's best interests. Legal advice can help resolve such disputes and ensure that the donor's wishes are respected and that the attorney is fulfilling their duties appropriately.

Yes, it is advisable to set up both a Property and Financial Affairs LPA and a Health and Welfare LPA. Without these documents, authorities may have to make decisions on your behalf, which could include decisions about your care and finances. This could result in delays and complications, including the need for your family to apply for a Deputyship Order from the Court of Protection, which can be time-consuming and costly.

Yes, an LPA can be changed or revoked if the donor still has the mental capacity to make such decisions. To amend an LPA, a formal request must be made to the Office of the Public Guardian. If you wish to remove an attorney, you will need to send a partial Deed of Revocation. It is crucial to ensure any changes are legally documented to maintain the validity of the LPA.

If an individual loses mental capacity without an LPA in place, their loved ones cannot automatically make decisions on their behalf. Instead, an application must be made to the Court of Protection to appoint a deputy. This process can be lengthy and expensive, and during this time, necessary decisions about the person's health and finances might be delayed. Setting up an LPA in advance can prevent these issues and ensure your affairs are managed according to your wishes.

There are two costs to consider: the government registration fee payable to the Office of the Public Guardian (currently £82 per LPA in England and Wales, with reductions or exemptions available on low incomes), and our fee for preparing and registering the document correctly. We offer fixed-fee LPAs and will always be clear about the total cost before we begin , and many people set up both types of LPA together. Contact us for a quote.

You can make an LPA yourself using the government's online service, but a solicitor helps ensure it is completed correctly, tailored to your circumstances, and includes any specific instructions or preferences you want your attorneys to follow. Mistakes can cause the Office of the Public Guardian to reject the application, or leave gaps that cause problems later when the LPA is actually needed.

The cheapest route is to complete the LPA yourself through the government's online service, paying only the £82 registration fee per LPA (or less if you qualify for a reduction). The trade-off is that you take on the risk of errors or omissions. Using a solicitor costs more but gives you tailored advice and the reassurance that the document is correct and will work when it is needed.

Martin Lewis's MoneySavingExpert has repeatedly urged people to consider setting up a Lasting Power of Attorney, pointing out that many wrongly assume their next of kin can automatically handle their affairs. In reality, without an LPA your loved ones may have to apply to the Court of Protection, which is slower and more expensive. He encourages people to weigh doing it themselves against using a professional for real reassurance, particularly where affairs are more complex.