Lasting Power of Attorney
There are two types of Lasting Power of Attorney available under English law. They are a Health and Welfare Lasting Power of Attorney and a Property & Financial Affairs Lasting Power of Attorney.
Take a look at our FAQs page for more information.
Single lasting power of attorney £75.00*
Both Lasting Power of Attorney Applications £135.00*
Specialist Lasting Power of Attorney service
Health & Welfare and Property & Financial Affairs LPA registration forms
*Our fee does not include the Office of the Public Guardians registration fee which is currently £82.00 per Lasting Power of Attorney application.
Our Lasting Power of Attorney applications will only create forms that are valid for registration in England and Wales.
Why choose Wellbeing Services
We offer an affordable service for you to apply for a Lasting Power of Attorney, completion of these forms by a solicitor will cost you between £150.00 and £500.00.
Our fee for providing you with a completed form is £75.00. If you want to register for both a Health & Welfare Lasting Power of Attorney and a Property and Financial Decisions Lasting Power of Attorney, then you can take advantage of our reduced fee of £135.00.
Once the form(s) is completed we will send them to you with comprehensive notes on where the form(s) needs to be signed and how to register the Lasting Power of Attorney(s).
Why do I need a Lasting Power of Attorney?
There are several reasons why a Lasting Power of Attorney could be useful for you. A Lasting Power of Attorney enables you to make a long term plan about who can deal and make decisions with regards to your Property, Financial Affairs, Health or Welfare should you lose Mental Capacity to make decisions on your own in the future due to an accident or ill health.
By setting up and registering a Lasting Power of Attorney you can be sure that decisions about your Financial Affairs and your Health and Welfare can be taken by one of more people of your choosing should you lose mental capacity in the future to make decisions on your own.
Anyone over the age of 18 can set up their Lasting Power of Attorney, even if you are in good health by setting up a Lasting Power of Attorney you are making sure the people you want to make decisions for you are nominated should you lose Capacity through accident or illness.y(s).
What information will I need?
You will need the name, address and date of birth for anyone you have chosen to be an attorney(s). These are the people who you will nominate to act on your behalf should you lose the Mental Capacity to make decisions for yourself in the future.
Your attorneys will only be able to act for you once you have lost mental capacity to make decisions for yourself. You can choose up to four attorneys. The people you have chosen should be people that you know well and trust to make decisions on your behalf and when they are making decisions for you, your attorneys cannot do as they please and must always act in your best interests.
All your attorneys must be aged 18 or over, they must have the mental capacity to be able to make decisions and they must not have been made bankrupt or been subject to a debt relief order.
Replacement Attorneys
A replacement Attorney is the person chosen to replace the Attorney(s) if that Attorney(s) is no longer able / willing to act.
A Named Person (Optional)
A named person is someone chosen by you to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration. There is no longer a legal requirement to appoint a Named person(s).
Certificate Provider
You will need the Name and address for the person you have chosen to act as your certificate provider.
Your certificate provider is someone who can confirm that
You understand the significance of the Lasting Power of Attorney.
You have not been put under pressure to make the Lasting Power of Attorney.
There has been no fraud in making the Lasting Power of Attorney.
There is no other reason for concern.
In order to act as your Certificate provider, the person you choose must be at least 18 years old and either:
A friend, colleague or someone you have known well for at least two years, they must be more than just an acquaintance.
Or your Doctor or Solicitor or someone with the professional skills to judge whether you understand what you’re doing and are not being forced to make a Lasting Power of Attorney.
The following people are not able to act as your Certificate Provider:
Family members
A Named Attorney or replacement Attorney.
Your Named Attorney’s family, this includes the wife, husbands or civil partners of the attorney.
An Attorney or replacement attorney named in any other Lasting Power of Attorney or Enduring Power of Attorney that has already been made.
An unmarried Partner, boyfriend or girlfriend of the Donor or of any of the attorneys.
Your business partner or one of your attorney’s business partners.
Registration of an LPA
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA will not give the Attorney(s) any legal powers to decide for the Donor.
The Donor (providing the donor still has mental capacity) or the Attorney(s) can apply to register it straightaway or it can be registered at a later date. (If it is not registered straightaway it can be registered later by the attorney(s) even if the donor has lost mental capacity).
The registration fee charged by the OPG is a "Three tiered fee" based on the "Donor's Income".
Over £12,000 income per annum - £82 per document.
Under £12,000 income per annum (you can apply for a 50% discount) - £41 per document.
In receipt of certain benefits (we can apply for a total exemption of the fee) - £0 per document.
The Mental Capacity Act 2005
The Mental Capacity Act 2005 for England and Wales provides a framework to empower and protect people who may lack capacity to make some decisions for themselves.
It makes it clear who can take decisions in which situations, and how they should go about this. It also allows people to plan for a time when they may lack capacity. It will cover major decisions about someone's property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care (such as what the person eats), where the person lacks capacity to make those decisions themselves.
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