Everyone has the right to make their own decisions about their life as far as possible, from what shoes you put on in the morning to big decisions about how to invest your pension. But what if you cannot make those decisions?
An illness such as dementia, a condition, such as a stroke, or a brain injury are all reasons why you may need someone to help you in the future. A Lasting Power of Attorney (LPA) is a document you can make to give someone you trust the authority to provide the support you need if and when you need it.
It is very difficult for someone to help you with your finances or personal care if there isn’t an LPA. For example:
- A bank won’t let someone else access your bank accounts
- A utility company won’t give someone else information about your bills
- A doctor won’t disclose private medical information or allow someone else to make decisions about your care
This is the case even if the person trying to support you is your spouse or civil partner.
An LPA allows you to formally appoint the person or people you trust the most in your life to provide this kind of support if you ever need it. Even if you’re optimistic that you’ll never need it, making an LPA can give you peace of mind that you will be properly looked after and not put at risk if you ever lose your mental capacity.
A Lasting Power of Attorney is a legal document, so it’s best to ask a solicitor who specialises in this area to help you write one.
At WSP Solicitors, our team are here to provide a friendly, welcoming service and practical advice about Lasting Powers of Attorney. We’ll listen to you so we can understand exactly what you want to get out of your LPA. We’ll then explain exactly what to include in your LPA to achieve your goals and draft your document on your behalf.
We also help people register their Lasting Power of Attorneys and provide related advice, including:
- Advice for attorneys under LPAs about making decisions on someone else’s behalf
- Undertaking mental capacity assessments
- Advice about Enduring Powers of Attorney (EPAs), including registration and whether to replace your EPA with an LPA
If you are worried that a loved one has lost their mental capacity, but they don’t have an Lasting Power of Attorney in place, we can also provide expert advice about applying to become a Court of Protection deputy.
Get in touch with our Lasting Power of Attorney solicitors in Gloucestershire
For expert advice on creating a Lasting Power of Attorney, please contact your local WSP branch in Gloucester, Stroud or Dursley today.
We offer home visits if it is more convenient for you, and we appreciate it is important to take the time to understand your wishes and to discuss and advise you on all the options available to you.
Making our services accessible to everyone is very important to us. So, if you have any particular needs or requirements that would help you access our advice or make your experience with us more comfortable, please get in touch for a friendly, confidential discussion.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document you can make to appoint one or more people you trust (your attorneys) to make decisions on your behalf if you ever lose mental capacity in the future.
Reasons a person may lose their mental capacity include:
- An illness such as Alzheimer’s Disease
- A condition such as a stroke
- A brain injury
- A severe mental health condition
There are two types of LPA:
- A property and financial affairs Lasting Power of Attorney allows decisions to be made for you on a variety of matters, including operating your bank or building society accounts and buying and selling a house. This type of LPA can also be used while you still have mental capacity if you need assistance in running your affairs.
- A health and personal welfare Lasting Power of Attorney allows decisions to be made on your behalf concerning your care, your living accommodation and consent or refusal for you to receive medical treatment.
You can make either or both types of LPA to suit your individual needs.
How many attorneys do you need?
You can have as many attorneys as you like, but it’s usually a good idea to appoint between two and four attorneys.
A minimum of two is typically beneficial because they can help each other make decisions in your best interests. However, too many attorneys means there’s more chance of people disagreeing, and it could prevent them from providing the support you need.
You can ask your attorneys to either act jointly or jointly and severally. Acting jointly means that all your attorneys need to make decisions together and cannot make a decision by themselves. Acting jointly and severally means that your attorneys can make decisions by themselves.
If this all sounds very confusing, don’t worry. Our Lasting Power of Attorney solicitors will guide you through it and make recommendations based on your personal circumstances. You can rest assured that you’ll be making the best decisions for your future.
Advice for attorneys
If you’ve been asked to be an attorney for someone under an LPA, our Lasting Power of Attorney lawyers are here to help.
Making decisions, especially big decisions, such as where someone should live and whether to sell their home, can feel overwhelming if you’re acting alone.
We can provide professional support to help you make the right decisions and put your loved one’s best interests first. We can provide advice about things like:
- Assessing mental capacity
- Assessing whether your loved one can be helped to make a decision
- Advice about contacting organisations and institutions such as banks
- Advice about making specific decisions as and when you need to make them
- Administrative support to manage your loved one’s finances and/or care and personal welfare
Helping you with deputyship
If a relative or friend has lost the ability to make decisions for themselves and cannot create a Lasting Power of Attorney, we can assist with an application to the Court of Protection for the appointment of a person suitable to manage their affairs known as a deputy.
If necessary, a member of our team can be appointed by the court as a deputy.
We can visit you at home, out of hours, if necessary, if this is more convenient or comfortable for you.
Visit our Court of Protection page for more information, or get in touch for tailored advice.
How much does it cost to make a Lasting Power of Attorney?
Here are the costs for making an LPA with WSP Solicitors. There are options available for any circumstances.
These are not fixed charges as the amount charged will depend on the time taken to complete the matter and the issues raised including the level of understanding of the person creating the power. Separate LPAs can be created for delegating decisions relating to each of property & affairs and personal welfare.
Charges include taking instructions and preparing LPAs, acting as certificate provider (where requested and we are not disqualified from doing so) and registering the LPA with the Office of the Public Guardian (OPG).
Single LPA (either property and affairs or personal welfare): £500
Property & affairs and personal welfare LPAs for a single donor completed at the same time: £750
Dual LPAs (either property & affairs or personal welfare) completed at the same time for two connected persons: £850
Dual LPAs (both property & affairs and personal welfare) complete at the same time for two related persons: £1,250
Provision of each certified copy (where required): £10
Undertaking electronic verification of ID: £10
All of the above charges are exclusive of VAT and disbursements
Get in touch with our Lasting Power of Attorney solicitors in Gloucestershire
For expert advice on creating a Lasting Power of Attorney or applying as a Court of Protection deputy, please contact your local WSP branch in Gloucester, Stroud or Dursley today.