Lasting Power of Attorney Forms (LPA's)

We thoroughly recommend that everybody gives serious thought to the merits of raising a 'Lasting Power of Attorney' (LPA). This document could bring profound benefits to a person, and their family, in their lifetime. As with a Will, an LPA is not a document that should be put off. The law states that if a person loses their mental capacity, nobody (spouse/civil partner included) has the right to handle the money or affairs of that person without either their prior documented permission (via a pre-completed LPA) or the consent of the Court of Protection.

Mental Incapacity can strike at any time through an accident or illness. If this happened, without a prepared LPA in place, the partner/spouse/family of the person affected would find themselves in the hands of the ‘Court of Protection’. The Court will look to delegate their powers to a 'Deputy', following a lengthy and costly application, and whichever partner/loved one are granted the Deputy role, they're only able to act ‘on licence’ via the Court, with many restrictions imposed. And all at the worst possible time for the partner/spouse/family concerned.

                             

Effectively the Court are a perpetual Receiver, and their continued engagement runs up significant costs. The Court might also select someone to be a Deputy that the incapacitated person wouldn’t have chosen themselves....a family member as against an unmarried partner, for example. This can put the partner under immense strain. A cautionary tale is given by Heather Bateman in her account of how bad life can be without a pre-drafted Attorney document - as featured on the Saga website. Click on the following link to view it: Saga Power of Attorney Story  . 

People mistakenly assume that holding assets ‘jointly’, as with a joint bank account, gives them protection in the event their partner loses capacity. It doesn’t! Worse still the bank will put a freeze on such accounts until an LPA/Court Order has been supplied, because they’re duty-bound to protect the assets of their mentally incapacitated client... As the British Banking Association advise in their advisory leaflet on holding a Joint Account... "If the other joint account holder becomes mentally incapable, the bank or building society cannot continue to operate the joint account without an Order from the Court of Protection (in England and Wales), which protects the rights of mentally icapacitated people" (BBA - 'You and Your Joint Account' - A Guide for Personal Customers. 2003). 

Revisions to the Power of Attorney document last year, when the Enduring Power of Attorney was superceded on the 1st October 2007 by the Lasting Power of Attorney, meant that 'Donors' (those giving the power) were afforded much greater protection from people who might seek to deceive or defraud them of their money and property by using a Power of Attorney. These changes were long overdue. Now it is necessary for a third party, called a 'Certificate Provider', to be involved in the creation of the document. They confirm that the donor has the mental capacity to create the LPA, fully understands the powers they are granting, and that no undue influence is being used in the creation of the document. Requiring a Certificate Provider certainly helps ensure the donor is afforded greater protection from criminally-minded Attorneys. 

Unfortunately these safeguards have meant that creating the LPA document using a professional Certificate Provider is an expensive business. Most solicitors, for example, are charging clients around £500 to raise one LPA. However, we're committed to ensuring that our clients can secure this important document at a reasonable price, and if clients raise an LPA with their Will(s), our fee is currently just £105 to act as Certificate Provider for one LPA, or £185 for a pair, and we'll try and maintain these prices as long as possible.

You can find out lots more about raising a Lasting Power of Attorney document, and the issues surrounding fulfilment of the Attorney role, from the website of the Office of the Public Guardian.

 The Importance of a Power of Attorney

Last Year the BBC's 'Working Lunch' team examined some of the costs and problems that flow from a failure to raise a Power of Attorney in advance of mental incapacity, and this short film can be viewed by clicking on the following link: Working Lunch Movie.

A Lasting Power of Attorney Form is essential for people who develop (or wish to make provision in case they develop) Alzheimer's disease, Dementia, Multiple Sclerosis, Parkinson's disease or similar degenerative conditions. Meanwhile, any of us could fall victim to the effects of a Stroke, Brain Injury or Serious Accident, in which case having a ready-drafted LPA form available would be a massive advantage at a difficult time. If you're interested in creating an LPA for yourself, or a loved one, please Contact Us for more information on the service we provide*.

                             

Our Address: 549 Green Lanes, Palmers Green, London, N13 4DR

*Postcodes currently served: 
For Lasting Power of Attorney Forms & Will Writing Services = N1,N2,N3,N4,N5,N6,N7,N8,N9,N10,N11,N12,N13,N14,                 N15,N16,N17,N18,N19,N20,N21,N22;

NW1,NW2,NW3,NW4,NW5,NW6,NW7,NW8,NW9,NW10,NW11

EN1,EN2,EN3,EN4,EN5,EN6,EN7,EN8,EN9,EN10,EN11;

IG1,IG2,IG3,IG4,IG5,IG6,IG7,IG8,IG9,IG10,IG11;

E4,E5,E6,E7,E8,E9,E10,E11,E12,E13,E15,E17,E18 
plus RM1,RM2,RM3,RM4,RM5,RM6,RM7,RM8,RM9,RM10.

Including the Following Towns & Districts: Enfield, Barnet, Finchley, Hendon, Mill Hill, Southgate, Hornsey, Haringey, Islington, Walthamstow, Chingford, Wanstead, Barking, Ilford, Woodford, Waltham Abbey, Cheshunt, Hoddesdon & Potters Bar.

For Probate & Estate Administration: All Greater London postcodes.