Lasting Powers of Attorney

Lasting Powers of Attorney allow a person (called the “Donor”) to appoint an “Attorney” or “Attorneys” to act on their behalf during their lifetime.  Unlike Wills Lasting Powers of Attorney are used when the Donor is alive.  When the Donor dies, the Lasting Power of Attorney can no longer be used at which point the Will takes effect.   In order to create a Lasting Power of Attorney the Donor must still have mental capacity. 

There are two types of Lasting Power of Attorney (LPA); one for Property and Finances and one for Health and Welfare.  The Property and Finances Lasting Power of Attorney allows the Donor’s Attorneys to, for example, handle money in bank accounts, deal with investments, pay bills and sell property.  The Health and Welfare Lasting Power of Attorney allows the Donor’s Attorneys to make decisions regarding where the donor may live (if they were to go into care), discuss and agree upon medication, manage day to day life decisions (such as diet and routine) and (should the Donor wish) make decisions with regards to life sustaining treatment.

At Newman & Bond we are able to discuss the options available to you, giving relevant examples to assist you in making a decision that will help tailor your Lasting Power of Attorney to suit your individual needs.  Once the Lasting Powers of Attorney have been completed, they then need to be registered at the Office of the Public Guardian.  The registration fee is £82.00.  Your solicitor will manage the whole process, including ensuring the documents have been correctly executed and dealing with the registration on your behalf.  Once registration has been completed, we are also able to store the original Lasting Powers of Attorney in our secure storage facility free of charge until they are required.

Our fees for Lasting Powers of Attorney are as follows:

  • For 1 person = 1 type = £350 + VAT plus £82 registration fee – total: £502.00
  • For 1 person = both types = £600 + VAT plus £164 registration fees (2x £82) – total: £884.00
  • Spouses/partners = 1 type = £450 + VAT plus £164 registration fee (2x £82) – total: £704.00
  • Spouses/partners = both types = £800 + VAT plus £328 registration fee (4x £82) – total: £1288.00

The following items are not included in the above quotations and shall be an additional charge if they are required:

  • Call out fee
  • Doctor’s fees (if a medical note is needed to confirm capacity)
  • Fees for the appropriate action regarding an Enduring Power of Attorney if one has previously been created

More information regarding Lasting Powers of Attorney can be found here:
www.gov.uk/power-of-attorney
Lasting Power of Attorney

Enduring Powers of Attorney

Enduring Powers of Attorney are the ‘old type’ of what is now known as Lasting Powers of Attorney and are very similar in how they work.  Although Enduring Powers of Attorney that were completed prior to 1st October 2007 are still valid, you are no longer able to create a new Enduring Power of Attorney.

One of the main differences is that, unlike their new counterparts, Enduring Powers of Attorney are not registered until the Donor loses mental capacity.  Therefore, it is likely that when these are required to be used, it is the Attorneys that shall have to commence the registration process.  During the appointment, our solicitor will discuss and explain the content of the Enduring Power of Attorney, how this may affect its use and the process for registration.

Newman & Bond appreciate that due to the nature of when registration takes place, most clients wishing to register an Enduring Power of Attorney are doing so because they directly require use of the document.  Your solicitor is able to manage the registration process confidently and efficiently to reduce any unnecessary stress and delays.

Our fees to register an Enduring Power of Attorney are:
£250 + VAT plus £82 registration fee, total: £382.00

The following items are not included in the above quotation and shall be an additional charge if they are required:

  • Call out fee
  • Doctor’s / medical professional’s fees

More information regarding Lasting Powers of Attorney can be found here:
www.gov.uk/enduring-power-attorney-duties

What if a person does not have a Lasting Power of Attorney or an Enduring Power of Attorney and they no longer have mental capacity to put one in place?
You can apply for a ‘Deputyship Order’.  Please contact the office for further information.