Powers of Attorney
LASTING POWER OF ATTORNEY (LPA)
It can be worrying not knowing what will happen in the event you become unable to make decisions for yourself due to illness or injury. A Lasting Power of Attorney (LPA) allows you to appoint someone to make these decisions for you, giving you the security of knowing that if a time ever comes when you are unable to make important decisions, someone you trust can decide what is best for you.
There are two types of LPA:
- A ‘Property and Affairs’ LPA allows the person you appoint as your attorney to manage your financial affairs.
- A ‘Health and Welfare’ LPA lets decisions be taken about important issues affecting your welfare, for example your medical treatment or where you will live.
We can also assist if there are disputes about the meaning or validity of a lasting power or if the Office of the Public Guardian (OPG) is investigating the conduct of an attorney.
Where a person does not have capacity a Deputyship can be made.
Our costs in preparing and registering a single LPA are £300 plus VAT. The cost of preparing and registering both a Health and Welfare and a Property and Affairs LPA is £500 plus VAT.
The Court fee of £110 may also be payable depending upon your circumstances.
ENDURING POWERS OF ATTORNEY (EPA)
Although new EPAs cannot now be created, we are still able to register EPAs or deal with disputes arising in relation to them.
Our costs in registering an EPA are £200 plus VAT.
An Advanced Decision (also known as an ‘advance directive’) allows a person to make choices about their future health care. It can be used to consent to or refuse consent to specified treatments in the event that the person is not able to make the decision themselves at the time of the treatment specified.
Our costs in preparing an Advanced Decision are £300 plus VAT.
Where a person does not have capacity in relation to their property and financial affairs or their health and welfare then they are not able to make a Lasting Power of Attorney (LPA) to allow another person to manage their financial affairs. This lack of capacity could arise for a number of reasons, for example because of dementia, as a result of an accident causing a brain injury or a person might never have had capacity as a result of a disability they were born with.
Often in such cases there is a need for someone else to manage a person’s affairs. This is done by that person making an application to the Court of Protection to be appointed as the incapacitated person’s deputy. We can assist in making that application.
Usually a family member or friend will act as a Deputy. However, where a person has received a large compensation award such as from a Clinical Negligence, Personal Injuries or Criminal Injuries Compensation Claim, then appointing a professional deputy to act is often the best way to ensure that the incapacitated party receives the best care from their compensation. We can act as a professional deputy in such situations and can also do so in other cases where there is no one else suitable to act available.
We can also assist deputies who have already been appointed by providing advice or help with discharging their duties.
In uncontested matters, we charge the Court of Protection set fixed fee of £850 plus VAT for making the application to appoint a Deputy. We also offer fixed fees for other Court of Protection matters.
Court fees may also apply depending on the financial position of the proposed Deputy/the person lacking capacity.
Please contact Andrea Sellers to discuss your requirements on a no obligation basis.
We can offer appointments at our Newcastle, Gateshead and Sunderland offices.