Without an LPA there are severe delays, substantial costs and quite often a loss of control to a person (your deputy) that you don’t know as well as ongoing costs. Without an LPA your assets are frozen and loved ones have to use their own funds to make the application.
Lasting Power of Attorney
An unfortunate result of us all living longer than ever before is that we are far more likely to lose the ability to manage our own affairs at some stage, whether because of an accident, illness or old age.
A Lasting Power of Attorney allows you to choose who you would want to manage your affairs
How would you feel if...
- You lost control of your own affairs?
- It wasn’t a loved one who took control of your affairs?
- You became a burden on your loved ones?
A Lasting Power of Attorney puts you in control
Everyone needs to prepare for the future, but sometimes unexpected things happen. A Lasting Power of Attorney ensures that if the unexpected occurs, your loved ones will be there to step in for you and help you regain control of your affairs.
A Lasting Power of Attorney gives someone you trust – usually a relative or friend – the power to act on your behalf, if you are unable to do so yourself due to an accident, illness or loss of mental or physical capacity.
A Lasting Power of Attorney is a document you put in place now so the right kind of decisions, the decisions you would have made for yourself, can be made by someone you choose, at the time you cannot do it yourself.
A Lasting Power of Attorney can only be prepared if you have full mental capacity.
- Property & Financial Affairs: allows the persons appointed to make financial decisions such as collecting pensions, paying bills, dealing with banks and investments, arranging and collecting benefits and even selling property on behalf of you, the Donor.
- Health and Welfare: allows the persons appointed to make personal decisions for you on care issues, where you lives and can also specify your wishes regarding life sustaining treatment.
For your own protection neither document can be used
until it is registered with the Office of the Public Guardian.
An application has to be made to the Court of Protection for a Deputyship Order. There are three main problems:-
1. Lengthy delays
The process takes 9-12 months during which time your accounts (including joint accounts) are frozen, bills cannot be paid and insurance cannot be renewed.
2. Substantial costs
£2,500 – £3,000. Your accounts are frozen, so someone else will need to pay on your behalf. There are also ongoing Deputy charges and Court fees.
3. Losing control
A Judge will make the final decision as to who is appointed to deal with your affairs. Often it is not the person you would have chosen.
This person is called a Deputy and can often be a retired solicitor, court official or sometimes the Local Authority. Your family would have the added stress of dealing with Court appointed officials every time a decision is required.
They would also have no official say in any medical treatment for you even if they knew what your wishes would have been.
The Court of Protection’s job is to safeguard the interests of people who are vulnerable and no longer have the capacity to make decisions for themselves. If you want your loved ones to care for you and make decisions on your behalf, then you need to ensure you have both Lasting Powers of Attorney in place.
Lasting Power of Attorney v Deputyship Application
|Benefits||Lasting Power of Attorney||Deputyship|
|Our production fee (per document). |
Including production of all registration forms, acting as Certificate. Provider, completion of the application, dealing with the OPG. from start to finish and keeping you advised of progress.
*If both LPAs are produced at the same time the fee for the second is reduced to £135
|OPG registration fee (per document), Payable to “The Office of the Public Guardian”||£82.00||n/a|
|Delay (before document can be used)|
|LPA awaiting registration process with OPG||2-3 months||n/a|
|Deputyship order||n/a||9-12 months|
|Choice over who is appointed to manage your affairs||YES||NO|
|Avoid loss of control||YES||NO|
|Avoid on-going fees||YES||NO|
|Avoid need for Court supervision||YES||NO|
|Avoid annual security bond||YES||NO|
|Avoid paying Supervision fees||YES||NO|
|Avoid annual accounts and fee||YES||NO|
|Avoid complex appointment process||YES||NO|
|Period during which you have no access to funds, including joint bank accounts||Up to 3 months||9-12 months|
“I was guided through the Lasting Power of Attorney process in a helpful, friendly yet professional manner – thank you for making it all so easy.”
Miss M. Birmingham