How do I make a Lasting Power of Attorney?

This blog explores what a Lasting Power of Attorney is, the different types of Lasting Power of Attorney and the options you have when making your Lasting Power of Attorney. The cost of each option is explained and there are key questions you should be aware of when choosing how and who to do your Lasting Power of Attorney.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people to make decisions on your behalf. This gives you more control over what happens to you if you have a sudden accident or an illness and cannot make your own decisions.  The people you appoint are called attorneys.

To make a Lasting Power of Attorney you must have appropriate mental capacity.  The form requires confirmation from a ‘certificate provider’ that you’re making the LPA by choice and that you understand what you are doing. 

A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. Pre COVID-19 this process was estimated to take approximately 8-10 weeks; however, the current waiting time is closer to 20 weeks. Too often people leave it too late to make a Lasting Power of Attorney

What are the different types of Lasting Power of Attorney? 

There are two different kinds of Lasting Power of Attorney, one for Health and Welfare and one for Property and Finance. A Health and Welfare LPA would be used if you lost capacity to make decisions about issues relating to health (e.g. whether you should have surgery or other medical treatments).   An important element of the Health and Welfare LPA is that it offers the opportunity to give the person or people appointed, (the attorney(s)), authority to make life-sustaining treatment decisions. 

A Property and Finance LPA is used for to appoint someone to make decisions about your money for things like paying bills, collecting pensions or selling your home and can take effect, with your consent, as soon as it is registered. 

How to make your Lasting Power of Attorney

There are three options to making a Lasting Power of Attorney; a DIY approach, using a solicitor or using a  Lasting Power of Attorney Consultant  . Like everything, there are pros and cons to each choice and it is worth researching to find out the option that works best for you. 

It is important to compare the options and ensure you chose the option most suited to your needs. 

1.       The Do It Yourself option to making a Lasting Power of Attorney

The DIY option means you will use the GOV.UK website to access the forms. You can do this either electronically or download and print the forms. I’d recommend the digital approach as it is quicker and easier to track the progress of the application. You will need to ensure all information is correct and within the legal boundaries and that the signatory process is completed in the correct order.

If you use the forms digitally they will still need printing for the signatory stage.

It will cost £82.00 to submit each Lasting Power of Attorney application (unless you are eligible for exemption or remission). This is the charge by the Office of the Public Guardian to process and register a Lasting Power of Attorney.[i]

Completing forms on your own is the most cost-effective option, however many people are put off by the potentially lengthy forms and making sense of the choices available. Errors in the completing the forms, signing and rejection by the Office of the Public Guardian might be more likely to occur than with other options.

2.       Using a solicitor to make a Lasting Power of Attorney

You can opt to use a solicitor to draft your Lasting Power of Attorney. Some people may do this at the same time as drafting a will with their solicitor. Each company will have their own process and they can be valuable in the case of a complex Business Lasting Power of Attorney for example.

Costs will depend on which solicitor you choose. Solicitors typically charge between £600.00 to £1,000.00 for a single Lasting Power of Attorney. There may be VAT added as well as the Office of the Public Guardian cost of  £82.00 to submit each Lasting Power of Attorney application (unless you are eligible for exemption or remission).

3.       Using a Lasting Power of Attorney Consultant to make a Lasting Power of Attorney

The Lasting Power of Attorney Consultant approach involves engaging an independent consultant to draft the Lasting Power of Attorney.  You will need to check out how the consultant works and what is included in the costs. Using an independent consultant can give peace of mind and an individualised service. It’s more expensive than the DIY approach but likely to be significantly less than a solicitor. I have described in an earlier blog how I work as a Lasting Power of Attorney Consultant.

Costs will depend on which consultant you choose. I  charge £135.00 for a single Lasting Power of Attorney, £255.00 for two Lasting Power of Attorneys and £500.00 for Couples saver (a total of four LPAs). The Office of the Public Guardian cost will be £82.00 to submit each Lasting Power of Attorney application (unless you are eligible for exemption or remission).

Questions to ask if engaging an LPA Consultant or Solicitor

The following list is a suggestion of questions to ask anyone you are considering engaging to draft your Lasting Power of Attorney:

• What is included in the cost, particularly:

• The Office of the Public Guardian fee

• Any Consultation with the Office of the Public Guardian if needed

• Provision of a Certificate Provider

• Provision of a Witness

• Re-application in the case of rejection

• Can a face to face or remote service be offered?

• How long does it take for the consultation and drafting?

• How many consultations are included?

• Can support be provided for creating other elements of Advance Care Planning

Closing thoughts

What matters most is that your Lasting Power of Attorney is in place rather than how the document is drafted. It’s good to know you have choices in how a Lasting Power of Attorney is made and important to know what questions to ask when taking the first steps.

If you would like to find out more about making your Lasting Power of Attorney contact me

[i] The Lasting Power of Attorney application fee is a set cost payable to the Office of the Public Guardian and depends on your income. Each Lasting Power of Attorney application will cost £82.00 but there  exemptions and remissions available.