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A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or illness and cannot make your own decisions (i.e. you lack mental capacity). You must be 18 or over and have mental capacity (i.e. the ability to make your own decisions) when you make your LPA.
There are two different types of LPA available to individuals wishing to make provision for their future – you can choose to make one type or both:-
This LPA allows you to choose someone you trust to make decisions about how to spend your money and the way your property and financial affairs are managed (e.g. managing a bank or building society account, paying bills, collecting benefits or a pension or selling your home). Once registered, and unless you have put a restriction on it, this type of LPA can be used by your attorney immediately, with your permission.
This LPA allows you to choose a person to make decisions on your behalf relating to your personal healthcare and welfare (e.g. your daily routine such as washing, dressing and eating, medical care or moving into a care home). It also includes decisions to give or refuse consent to life sustaining treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself. This is similar to a current Living Will.
Our fees are £350.00 plus VAT @ 20% for a single LPA and £450.00 plus VAT @ 20% for both types of LPA.
When an LPA is signed, a certificate must be completed by a Lawyer, Doctor, Social Worker or an Independent Mental Capacity Advocate to confirm that the person making the document understands the meaning of the LPA and the consequences of it.
Merry & Co will provide this certificate FREE OF CHARGE to clients who draw up their LPA with us.
Please note that an LPA can only be used once it has been registered with the Office of the Public Guardian at a cost of £82.00 per LPA. A 50% reduction or exemption may be available depending on income or benefit status.