LASTING POWER OF ATTORNEY – LPA

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that is registered with the Office of the Public Guardian that allows a person to appoint another person to deal with their affairs.

Everyone over the age of 18 years of age who has capacity should consider appointing an Attorney by registering a LPA with the Office of the Public Guardian.

The creation & registration of a LPA allows a person to plan decisions you want to be made on your behalf if you lose capacity, whether that be temporarily or permanently. A LPA allows for the appointment of one or more attorneys to take decisions on your behalf. The extent of the attorney’s power can be restricted, and attorney guidance can be incorporated into the LPA.

If you lose capacity and have not got a valid LPA a person wishing to make decisions on your behalf may have to apply to the Court of Protection to be appointed as your Deputy. A Deputy Application made to the Court of Protection is far more costly than drafting and registering a LPA. Deputy Applications are time consuming, complex and often take many months to conclude. In this time loved ones can face difficulties making decisions on your behalf and will often face difficulties accessing your funds to settle day to day expenses.

Having a LPA is considered a relatively safe way of maintaining control of your affairs. This is because a LPA must be registered with the Office of the Public Guardian and Certificate must be provided from a person qualified to do so confirming you understand the significance and terms of the power. In addition, Attorney(s) must follow the Code of Practice of the Mental Capacity Act 2005. Where any concerns are raised in relation to the attorneys conduct with the Office of the Public Guardian, they can take action to investigate the Attorney.

There are two types of Lasting Power of Attorney

  • Health and Welfare LPA
  • Property and Financial Affairs LPA

Whilst you should consider creating both types of LPA as each type mentioned above does not overlap you may have one or both LPA’s.

Health and Welfare LPA allows you to make advance health care decisions about life-sustaining treatment or the refusal of treatment such as Electroconvulsive therapy (ECT). Whilst you cannot delegate decisions regarding Life Sustaining treatments to your attorney you can appoint attorney(s) to make decisions in relation to your routine daily care, decisions in respect of your accommodation which may involve a care home placement and routine medical care.

Property and Financial Affairs LPA allows you to appoint attorney(s) to deal with your Financial and Property affairs subject to your restrictions if you see fit to impose restrictions. For example, you attorney(s) could settle bills, sell property and monitor investments in the event you lose capacity for any reason should you so wish.

Appointments and Social Distancing

We can have meetings using Zoom or Skype. Please contact us for more information.

Lasting Power of Attorney Price List

Please note that the estimates below do not include any estimated disbursements such as the registration fee of £82 per LPA payable to Office of the Public Guardian if applicable. These estimates involve the appointment of up to two Attorney’s both living in the UK.

  • One x Lasting Power of Attorney (Property & Financial OR Health & Welfare) £330 plus VAT
  • Two x Lasting Power of Attorney £600 plus VAT

VAT is charged at 20%

Removing an Attorney 

Where P Lacks Capacity to revoke an LPA, an application may be made for revocation to the Court of Protection.

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court of Protection power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.
One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.
One could raise there concerns directly with the Office of The Public Guardian or the attorney.
Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.
If a person is considering a Court of Protection application they should seek legal advice before commencing.
Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:
1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial
     decisions at the relevant time ?
The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P’s best interests, whether that be by revoking the LPA or by taking some other course.
If you have concerns about a loved ones Attorney and they lack capacity to revoke the LPA contact us today for advice as to safeguarding P’s position in the interim and resolving the matter.

 

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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