Lasting Power of Attorney Solicitors
How would your affairs be managed if you lost the mental capacity to make key decisions about your health, welfare and financial issues? A Lasting Power of Attorney (LPA) allows you to nominate a trusted person to make these decisions for you, ensuring your interests are protected no matter what the future brings.
Tayntons’ Lasting Powers of Attorney solicitors, based in Gloucester, help individuals and families with all aspects of incapacity planning, making sure you have the right measures in place for your future well-being.
We will listen to your concerns and consider every possible scenario where a decision may need to be made for you, so you will always have exactly the support you need. Whether you are concerned about your future healthcare, what will happen to your home or how decisions will be made about where you will live, we can advise you and your attorneys on all aspects of making Lasting Powers of Attorney and acting as an attorney.
Whether you need to create or update an LPA or other type of Power of Attorney or need help registering a Power of Attorney or acting as an Attorney, we have the experience and expertise to make things as simple and stress-free as possible.
Speak to a member of our Private Client team by calling 01452 522047 for further information or request a call back and we will contact you shortly.
Understanding different types of Powers of Attorney
There are different types of Powers of Attorney that you may want to set up or already have in place, depending on the circumstances. We can advise you on which are appropriate for your needs and help get the necessary Power of Attorney in place.
Health & Welfare Lasting Powers of Attorney
This allows a trusted person to make decisions about your medical care, as well as issues such as moving you to a care home and whether life-extending treatment should be given if required. It also covers day-to-day issues, such as your diet and personal care.
Property & Financial Affairs Lasting Powers of Attorney
This allows your Attorney to deal with managing your income, such as your pension, as well as paying bills and other costs. A Property and Financial Affairs LPA can also give someone the power to sell your home, if necessary, e.g., to fund care costs.
Business Lasting Powers of Attorney
This gives your Attorney the authority to make decisions about managing your business interests. A Business LPA can be essential to allow a business to continue operating and ensure the donor’s interests are protected.
Ordinary Powers of Attorney
These can be created for a specific purpose and a defined period. They are often used in matters such as conveyancing transactions where you need to sell, remortgage or transfer ownership of a property.
Enduring Powers of Attorney
Enduring Powers of Attorney (EPAs) preceded Lasting Powers of Attorney and served broadly the same function. As EPAs were replaced by LPAs in October 2007, you can no longer create an EPA, but an EPA created before this date can still be used.
An EPA will need to be registered with the Office of the Public Guardian if the donor has begun to lose capacity, which is something we will be happy to assist with.
Frequently asked questions about Lasting Powers of Attorney
What is the role of a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that grants someone, known as the ‘attorney’, the authority to make important decisions on behalf of another person, known as the ‘donor’, who may no longer have the mental capacity to make these decisions themselves. LPAs serve a crucial role in safeguarding the well-being and interests of individuals, particularly in cases of ageing, illness, or incapacitation.
There are two main types of LPAs: Property and Financial Affairs LPA, which covers decisions related to finances and property, and Health and Welfare LPA, which relates to matters concerning the donor’s healthcare, living arrangements, and medical treatment.
LPAs are designed to ensure that a trusted person can step in and make decisions aligned with the donor’s best interests when they are unable to do so themselves. This legal instrument promotes transparency, accountability, and the protection of vulnerable individuals, allowing their affairs to be managed smoothly while upholding their wishes and preferences. It’s important to note that LPAs must be registered with the Office of the Public Guardian to be legally valid, and they offer peace of mind to both donors and their families by facilitating responsible decision-making in times of need.
How quickly can you get a Lasting Power of Attorney?
The timeline for obtaining a Lasting Power of Attorney can vary depending on several factors, including individual circumstances and the efficiency of the application process. Generally, it takes several months to complete the LPA registration process.
The steps involved in getting an LPA include:
- Completing the necessary forms: You and your chosen attorney(s) need to complete the relevant LPA forms, which can take some time to fill out accurately.
- Obtaining signatures and witnessing: The forms require signatures from both the donor and the attorney(s), as well as a certificate provider and witnesses. Coordinating these signatures may take some time.
- Registration with the Office of the Public Guardian (OPG): After the forms are completed and signed, they must be sent to the OPG for registration. This process typically takes around 20 weeks but it can be longer during peak periods.
It’s essential to plan ahead and start the LPA process well in advance of when you anticipate needing it. Delays can occur if there are errors or issues with the forms, so seeking legal advice or assistance from our Private Client Team can help streamline the process and ensure it is completed correctly and efficiently.
Who can witness a Lasting Power of Attorney?
The witnessing of a Lasting Power of Attorney (LPA) is subject to specific legal requirements. To ensure the validity of the LPA, the following criteria must be met:
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- Age: The witness must be at least 18 years old.
- Capacity: The witness should have the mental capacity to understand the nature of the document they are witnessing.
- Independence: The witness of the Donor’s signature must not be a party to the LPA, meaning they should not be an attorney or a replacement attorney, nor should they be the spouse or civil partner of an attorney or a replacement attorney.
Technically Attorneys and Replacement Attorneys can witness each other’s signatures although it would be preferable to have independent witnesses. - Neutrality: It is advisable for the witness to be impartial and not have any vested interest in the LPA or the decisions it entails.
Typically, the most common individuals who can serve as witnesses for LPAs include:
- Friends or acquaintances who meet the above criteria.
- Neighbours or colleagues who are independent and over 18.
- Professionals, such as members of our Private Client Team who are not involved in the LPA but can act as witnesses.
It’s crucial to ensure that the chosen witnesses are eligible, as improper witnessing can invalidate the LPA. It is advisable to seek legal advice or consult the Office of the Public Guardian for guidance on this matter.
How much does a Lasting Power of Attorney cost?
The cost of creating a Lasting Power of Attorney (LPA) involves two main fees:
- Application Fee: The application fee for registering an LPA with the Office of the Public Guardian (OPG) is £82 per LPA, either for Property and Financial Affairs or Health and Welfare. If you choose to register both types of LPAs for a single person (donor) simultaneously, the combined fee is £164. There might be exemptions or reductions available for individuals with lower incomes or who receive certain benefits.
- Solicitor’s Fees: If you seek legal advice or assistance from a solicitor in preparing and submitting your LPA, you will also need to cover their professional fees. Solicitor’s fees can vary widely based on their experience and location, so it’s advisable to obtain quotes and discuss costs upfront.
Why choose Tayntons Lasting Powers of Attorney solicitors?
Tayntons’ Private Client Team has been helping people with Lasting Powers of Attorney and other types of incapacity planning for many years. We regularly work with clients in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean.
We know how confusing and sensitive these issues can be, so offer sympathetic, practical support to help you get the right protections in place for your future well-being. We will listen to your concerns and what you need to achieve, then explain your options in plain English with a clear breakdown of the costs involved.
Our team includes members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly, reflecting our expertise in dealing with these complex and sensitive matters.
Tayntons has achieved the Law Society’s Lexcel accreditation in recognition of the excellence of our practice management and client care. We are regulated by the Solicitors Regulation Authority (SRA) providing assurance that we continue to meet the highest legal and professional standards at all times.
Get in touch with our Lasting Powers of Attorney solicitors in Gloucester
Looking for help with a Lasting Power of Attorney or general incapacity planning in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?
Please contact us today by calling 01452 522047, emailing info@tayntons.co.uk or requesting a call back.
