Email:  info@lancasterwillsandtrusts.co.uk

 

                                                 Tel:  0208 886 2344   

Lasting Power of Attorney Forms

All adults should complete Lasting Power of Attorney Forms (LPA's) and for many this could prove to be more essential undertaking than raising a Will. Whilst a Will determines how a persons property and financial interests are managed and distributed after they die, LPA Forms provide for how these same interests can be handled in their lifetime - notably but not exclusively to cover a situation of mental incapacity. Issues of health and welfare can also be dealt with by an LPA Form. 

If a person loses their mental capacity in England & Wales the law is clear. It states that nobody, not even a spouse or civil partner, has the right to handle the money or affairs of that person without a pre-completed LPA Form or through consent granted by the Court of Protection.

 

Having continuous capacity to manage our affairs is something we take for granted. But a sudden incident, such as a road accident, or a serious illness, such as a heart attack or a stroke, can see mental capacity lost in an instant. And slower-acting degenerative conditions, such as Alzheimer's Disease and Vascular Dementia, lead to a persons capacity to make decisions for themselves being eroded over time, and potentially lost.

 

Raising LPA Forms is the only way to ensure that effective management of a persons affairs can be assumed by chosen and trusted family or friends. It also avoids the chaos that NOT having LPA Forms leads to, as otherwise all decisions about a persons affairs would be suspended for months, until the Court of Protection ultimately assume full control, which would be at significant expense and inconvenience for their loved ones.

Our Current Fees to supply LPA Forms:

 

1. To Draft, Certify and Register BOTH Lasting Power of Attorney Forms ('Property and Financial Affairs' and 'Health and Welfare'): £595 including Vat.*

 

2. To Draft, Certify and Register ONE Lasting Power of Attorney Form (either 'Property and Financial Affairs' OR 'Health and Welfare'): £375 including Vat.*

 

Our fees include a visit to the home address of a client, without time constraint, to discuss and raise the Lasting Power of Attorney Forms and act as 'Certificate Provider'.

 

* Please note that our quoted fees do not include the 'Application Fee' charged by the Office of the Public Guardian (OPG) of £82 per LPA Form at the point of registration. However, not everyone needs to pay the Application Fee. If the Donor is receiving an annual income of less than £12,000, then subject to documentary proof only 50% of the Application fee is payable. And if a Donor is in receipt of certain means-tested benefits, such as the 'Guarantee Credit' element of Pension Credit, or Housing Benefit, or Council Tax Support, then subject to documentary proof the Donor will be exempt from paying the Application Fee.

Joint Bank Accounts

 

There's a widely held belief that those who share a joint bank account can always individually operate and gain access to it, including when one account holder lacks mental capacity. However, this isn't true! Worse still, the bank holding the account are likely to put a freeze on it until they see sight of a registered Lasting Power of Attorney Form or an Order from the Court of Protection. This is because they're required to protect the assets of a mentally incapacitated client.

 

The British Banking Association issues the following guidance to its members: "Banks and Building Societies can use their discretion to determine whether or not to temporarily restrict the use of the account to essential transactions only (for example, living expenses and medical or residential-care bills) until a deputy has been appointed or a power of attorney is registered."

 

So ONLY by raising Lasting Power of Attorney Forms can all aspects of a couples affairs be freely accessed and determined by loved ones, without intereference or difficulty.

If you'd like to know more about our services or would like confirmation of our fixed fees please complete the Message Form opposite. We'll reply to you as soon as we can. 

 

We're also happy to answer general queries about writing a Will, securing Lasting Power of Attorney Forms or about obtaining Probate.

 

If you wish us to get back to you by phone, please leave your contact phone number and we'll ring you back.

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