What is a Lasting Power of Attorney?

For most people, we don’t know when in the future we will get ill, or how quickly. Because you don’t know when you will need it, the best time to get your Lasting Powers in place is while you are still healthy! Once in place, then if/when you get ill, your chosen attorney(s) can ensure that the nuts and bolts of your life (your finances and health) are taken care of in the way you would want. They are designed to keep you in control of your life, in the event that you become unable to manage it yourself

Plan Ahead for Peace of Mind

An LPA is a powerful legal document, registered with the Office of the Public Guardian, that allows you to appoint trusted Attorneys to act on your behalf. Whether you need help with Property and Financial Affairs or Health and Welfare decisions, having these documents in place ensures your life is managed exactly the way you want.

Stay in Control

By appointing an Attorney now, you ensure that if you ever become unable to manage your own affairs, the people you trust most can step in immediately. It is the only way to guarantee that you stay in control of your future, even in the event of illness or injury.

There are two types of Lasting Power of Attorney:

  1. Finances & Property Allows your Attorney(s) to manage your bank accounts, claim pensions, benefits, allowances, make tax returns, pay household expenses, buy, lease, sell property and pay for private medical care / residential care.
  2. Health & Wellbeing Allows your Attorney(s) to make decisions about your day to day living, holidays, what social activities you do, where you live and make decisions about what medical care you will receive, including (if you agree to it) whether or not you will receive life-sustaining treatment.

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Why You Need a Lasting Power of Attorney (LPA) NOW

None of us know what the future holds, but we can plan for it. The best time to set up a Lasting Power of Attorney (LPA) is while you are healthy and have full mental capacity. Waiting until you are “older” or already ill can often mean it’s too late.

1. Protect Against the Unexpected

Loss of capacity isn’t always a slow process like dementia; it can happen in a heartbeat due to a car accident, stroke, or sudden illness. Having an LPA in place acts as an “insurance policy” for your life, ensuring that if the worst happens, your trusted attorneys can step in immediately.

2. Avoid the “Next of Kin” Myth

Many people wrongly believe their spouse or children have an automatic legal right to manage their affairs. They do not.

3. Save Thousands in Legal Fees

If you lose capacity without an LPA, your family must apply to the Court of Protection to become a Deputy. This process is significantly more burdensome:
  • Cost: Registering an LPA costs £92, whereas a Deputyship application can cost £400+ in court fees alone, plus £1,000’s in potential legal costs and ongoing annual supervision fees.
  • Time: A Deputyship application often takes 6 months or more, leaving your finances in limbo, whereas an LPA can be ready to use much sooner.

4. Registration Takes Time

Current processing times at the Office of the Public Guardian are typically 8 to 10 weeks. Because an LPA must be registered before it can be used, starting now ensures it is “live” and ready the moment it is needed, rather than during a crisis.

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The Risks of Not Having a Lasting Power of Attorney (LPA)

What Happens to Your Finances?

If you lose mental capacity without a Property and Financial Affairs LPA, your bank is legally required to freeze all assets held in your name.

Crucially, this often includes joint bank accounts, leaving your spouse or partner unable to pay mortgages or household bills. To regain access, your family must apply to the Court of Protection for a Deputyship Order. This process is stressful, expensive, and typically takes 4 to 6 months, often incurring thousands of pounds in solicitor’s fees and ongoing court costs.

What Happens to Your Health and Care?

Without a Health and Welfare LPA, you lose the legal right for your family to make decisions about your medical treatment or daily care.

In this situation, Health and Social Care professionals (doctors and social workers) become the decision-makers. While they may consult your loved ones, they have no legal obligation to follow your family’s wishes. An LPA is the only way to ensure your “next of kin” has the final say on your care, life-sustaining treatment, and where you live.

Register an LPA

 
 

Can I arrange a Lasting Power Attorney for myself?

In theory, you are able to register a Lasting Power of Attorney, yourself. You do not need to use a Solicitor (or professional Estate Planner) to do so. If you do this for yourself, though, you need to ensure all of the documentation is completed accurately and arrange for witnessing; you will also need to find your own Certificate Provide, which you may need to pay for.

For our fixed fee, we complete all the documentation for you, arrange for each section to be witnessed appropriately and will be your Certificate Provider.

How much does a LPA cost?

Our prices are fixed, they include vat and have no hidden extra costs. We will prepare the LPA forms, act as the Certificate Provider, arrange for all forms to be witnessed appropriately and liaise with the Office of the Public Guardian.

We offer this at:

  • £324 for either ‘Property & Financial’ or ‘Health & Welfare’ LPA (1 x LPA for a single person)
  • £585 for both ‘Property & Financial’ and ‘Health & Welfare’ LPAs (2 x LPAs for a single person)
  • £1,020 for mirror LPAs for a couple (4 x LPAs for a couple)

In addition to our fees, The Office of the Public Guardian charge a flat fee of £92 for each LPA.

Legal documents representing power of attorney

How long does it take to register a Lasting Power of Attorney?

Shropshire Wills aim to have the application ready to be sent within 2 weeks. Once these forms are sent to the Office of The Public Guardian, it typically takes around 10-12 weeks for the LPAs to be registered.

Get started with your estate planning

Clients tell me how relieved they feel once their estate planning is in place - it’s one less thing to worry about. So get in touch and don’t put it off any longer!

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