Lasting Powers of Attorney

If someone doesn't have capacity, will a Lasting Power of Attorney still remain in force?

Most powers of attorney become invalid if the person who set it up loses mental capacity, but a Lasting Power of Attorney remains in force whether you have capacity or not.

Can I choose different attorneys for each Lasting Power of Attorney's?

You can choose different attorneys for each LPA.

You can appoint one attorney or a number of attorneys. If you appoint more than one attorney, you will have to consider whether they must make all decisions together or whether they can act independently of each other.

It’s possible to appoint one attorney, such as your spouse, and also a replacement attorney, such as your children, if your spouse is unable to act.

Why should a solicitor draft your Lasting Power of Attorney?

You should have an experienced specialist solicitor  assist with drafting a Lasting Power of Attorney to make sure that your wishes are followed in the way  you want. Their expertise means they’ll be able to advise you on the potential elements you need to include, which you may not have considered. They can also advise you on the appointment of your attorney to ensure you have the most appropriate person.

At Hodge Jones and Allen Solicitors, we understand how difficult and sensitive this time can be to our clients, so our solicitors  make the process as simple and clear as possible, whilst making sure your LPA works best for you.

What is the process to get a Lasting Power of Attorney?

We will guide you through the process, call for a confidential discussion [number]. We’ll take the time to get to understand your individual circumstances and review your requirements.

Your solicitor will then advise you on the best options to ensure your wishes are expressed correctly and  will then prepare the LPA. After it’s complete, the LPA will then be registered with the Office of the Public Guardian.

How much does a Lasting Power of Attorney Cost?

Our specialist lawyers offer a fixed fee service for this work. Our prices are as follows:

• A single Lasting Power of Attorney – £675 + VAT at 20% (An LPA for Property and Financial Affairs or Health and Welfare)
• Two Lasting Powers of Attorney – £875 + VAT at 20% (Both types of LPA for a single individual)
• Four Lasting Powers of Attorney – £1,125 + VAT at 20% (Both types of LPA for a couple)

In addition, the Office of the Public Guardian charges a fee to register each LPA. That fee is currently £82 per LPA.