A power of attorney (POA) is a written authorisation to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorising the other to act is the donor (of the power). The one authorised to act is the attorney (of the donor) .
Under English and Welsh law, anyone with capacity can grant a power of attorney. These can be general (i.e., to do anything which can legally be done by an attorney), or relate to a specific act (e.g., to sell freehold property). A power of attorney is only valid while the donor has the capacity to ratify the attorney’s actions, unless it is made in the form of a registered lasting power of attorney.
A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint someone that you trust to make decisions on your behalf about your money, property and welfare. That person (although more than one can be appointed) called your Attorney.
Imagine what would happen if you could no longer manage your financial affairs. An accident or mental illness may make the everyday routines of paying bills, managing a budget and making financial decisions difficult, stressful and in some cases impossible, for example selling your home.
You may think that this may only happen in your old age, but you can become unable to manage your own affairs at any stage of life.
There are two types of LPA, a Property & Financial Affairs LPA and a Health & Welfare LPA. An Attorney appointed under a Property and Financial Affairs LPA could operate your bank account, pay the bills, sell shares, manage your investments and deal with the sale of your property should this become necessary. Your Attorney may act for you if you are mentally or physically incapable of managing your affairs, for example if you were unable to sign your name.
An Attorney appointed under a Welfare LPA could make decisions about where you live, what medical treatment you should have, and what sort of care you should receive. If you wish an LPA can allow your Attorney to make a decision about whether you should receive life sustaining treatment.
A Health and Welfare LPA will only come into effect if you are mentally incapable of making these decisions for yourself.
No-one has the automatic right to make decisions about your financial affairs or decisions about your welfare. If you do not have the capacity to make an LPA and you cannot make decisions for yourself then an application will need to be made to the Court of Protection for decisions to be made on your behalf or for a Deputy to be appointed to make ongoing decisions for you. This may not be the person who you would wish to make decisions for you, whereas an LPA gives you the freedom of choice, either a close family or friend.
The process is also very protracted and can be very difficult for your family. During this period they often will not be able to manage your affairs or make important decisions, creating a traumatic period that can easily be avoided by making an LPA.
It is also very expensive compared to the costs of an LPA. Not only are there Court fees to pay when making the application but the Court also charge fees on an annual basis and you may find that over time you have to make more than one application to the Court.
We act for a fixed fee, meaning you have clarity from the outset and can be sure of no nasty surprises along the way.
|POWERS OF ATTORNEY AND ADVANCED DECISIONS FEE GUIDE|
|Ordinary Powers of Attorney|
|General Powers of Attorney||£135|
|Special Powers of Attorney||from £240|
|The above fees include one certified copy|
|Lasting Powers of Attorney|
|Preparation and Registration of one Lasting Power of Attorney (Property & Financial Affairs or Health& Welfare)||£495|
|Preparation and Registration of two Lasting Powers of Attorney for same person (Property & Financial Affairs and Health & Welfare)||£695|
|Preparation and Registration of two Lasting Powers of Attorney – Property and Affairs or Health and Welfare (for a couple)||£720|
|Preparation and Registration of four Lasting Powers of Attorney – Property and Affairs and Health and Welfare (for a couple)||£995|
|The above fees include one certified copy per LPA registered|
|Registration of an Enduring Power of Attorney|
|Registration of Enduring Power of Attorney||from £255|
|The above fee includes one certified copy per EPA registered|
|Advance Decisions (Living Wills)
|Preparation and witnessing of an Advance Decision||from £325|
To discuss your Power of Attorney needs with an expert, or to arrange a meeting, freephone Premier Direct Law on 0800 689 1429.