Lasting Powers of Attorney

A Lasting Power of Attorney is a legal document in which you appoint one or more people to be your Attorney to make decisions on your behalf, typically when you are no longer able to make them for yourself.  You can make a Lasting Power of Attorney at any time while you have the capacity to do so, but the Attorney will not be able to use the Lasting Power of Attorney until it has been registered with the Office of the Public Guardian.

There are two types of Lasting Powers of Attorney:-

  • Property and Affairs Lasting Powers of Attorney

This allows your Attorney to make decisions on your behalf about your property and affairs.  This could include paying your bills, collecting your income and benefits, or selling your house, subject to any restrictions or conditions you might have included.  You can appoint the Attorney to act only when you lack capacity to do so yourself, or you can allow them to act even when you are still capable of doing so.

  • Personal Welfare Lasting Power of Attorney

This allows your chosen Attorney to make decisions about your personal welfare, such as where you live and who cares for you.  If you want, it can include the power for the Attorney to give or refuse consent to medical treatment for you.   A Personal Welfare Lasting Power of Attorney can only be used once you have become mentally incapable of making decisions about your own welfare.

Although Lasting Powers of Attorney sound complicated, and you may not like the idea of entrusting someone to manage your affairs, it can be far better than the alternative.  If you do not have a Lasting Power of Attorney (or an old style Enduring Power of Attorney), and you lack mental capacity, then it may be necessary to involve the Court of Protection.  The Court takes control of your assets and holds your money.  The Court decides, for example, when to sell your house and for how much.  The Court may appoint a Deputy to deal with your day-to-day finances, and that Deputy may not be the person you would have chosen to manage your affairs.  There are fees payable to the Court and to the Deputy and these would have to be paid out of your assets.

Our Fixed Fees & Service

Each One Lasting Power of Attorney for one person £400
Each Two Lasting Powers of Attorney for one person £550
Each One Lasting Power of Attorney for a couple £600
Each Two Lasting Powers of Attorney for a couple £825
Home/hospital visit (Fylde Coast area) £ 50*

All fees quoted above are subject to VAT.

What is included within the price?

Our fees include up to two meetings with a qualified professional, either a licensed probate practitioner or a qualified solicitor; taking detailed instructions from you; preparing a draft Lasting Power of Attorney to review and, if necessary, make minor amendments; signing (execution) and registration of the Lasting Power of Attorney at court.

*Please note that no additional charges are made for home or hospital visits where the visits are required to enable us to comply with our commitments under the Equality Act 2010.

What additional charges may there be?

The fees do not include the court registration fee of £82 per Lasting Power of Attorney which is payable to the court on every case where the LPA is to be registered.

Occasionally a Statement of Capacity may be required from your doctor. Your doctor may charge for providing this.

To comply with anti-money laundering legislation and satisfy our regulatory commitments, we carry out online identity checks on all clients. Our fee for this check is £2.50 plus VAT. This fee is payable in all cases and is in addition to the fees quoted above.

How long does it take?

Timescales are subject to your convenience, but typically Lasting Powers of Attorney should be capable of being executed and ready for registration within four weeks of the first meeting. The registration process with the Court may take 8 – 10 weeks.

Contact Us

For further advice or guidance, speak to our team of qualified experts on 0800 032 14 32 or email info@easthams.co.uk