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Lasting Powers of Attorney from only £49.99
What is a Lasting Power of Attorney?
Lasting Powers of Attorney are the means by which you can appoint one or more people to look after your property and affairs if you lose the mental capacity to look after them yourself.
As well as your property and affairs you can provide a separate Lasting Power of Attorney to deal with your health and welfare, including where you live and what medical treatment you receive.
What happened to Enduring Powers of Attorney?
Under the Mental Capacity Act 2005 Lasting Powers of Attorney replaced Enduring Powers of Attorney from 1st October 2007. The rules relating to Lasting Powers of Attorney are governed by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
Any Enduring Powers of Attorney made prior to 1st October 2007 can still be registered with the Office of the Public Guardian if the person providing the Enduring Power of Attorney loses mental capacity.
Who should make a Lasting Power of Attorney?
Every adult should consider making a Lasting Power of Attorney. In much the same way as a will provides you with the peace of mind that your property will be dealt with in accordance with your wishes when you die, a Lasting Power of Attorney provides you with the peace of mind that your property, affairs and welfare will be dealt with by someone who you trust if you lose the mental capacity to deal with your own affairs.
What powers does the attorney have?
The person who you provide the Power of Attorney to has very wide reaching powers to deal with your property and affairs once the Power of Attorney has been registered. You should therefore be careful that you pick people who you trust absolutely and who are trustworthy and reliable.
Attorneys appointed under a Lasting Power of Attorney have a duty to comply with a Code of Practice. The Code of Practice can be downloaded by clicking here
When does a Lasting Power of Attorney become active?
A Lasting Power of Attorney does not become active until it has been registered with the Office of the Public Guardian. The Lasting Power of Attorney can be registered at any time after it has been made. It is normally recommended that the Lasting Power of Attorney is registered straight away so that it is ready to be used by the Attorney when it is needed.
Can I revoke a Lasting Power of Attorney?
Yes. A Lasting Power of Attorney can be revoked at any time by using a Deed of Revocation, either before or after the Lasting Power of Attorney has been registered with the Office of the Public Guardian.
A copy of the Deed of Revocation should be sent to each person named as an Attorney and if the Lasting Power of Attorney has been registered, then a copy of the Deed of Revocation should also be sent to the Office of the Public Guardian.
How do I prepare a Lasting Power of Attorney?
A Lasting Power of Attorney is made by completing a Lasting Power of Attorney document. The document must be signed by an independent person who confirms that the person providing the Lasting Power of Attorney is making the Lasting Power of Attorney of their own free will and that the person providing the Lasting Power of Attorney is able to understand what they are doing by making a Lasting Power of Attorney.
How do I register a Lasting Power of Attorney?
You need to notify any people that were chosen as "named persons" in the Lasting Power of Attorney.
Application is then made by sending in a completed application form to the Office of the Public Guardian with a fee.
In some cases you may be entitled to a fee exemption or remission.
Details of fees for registration and policies for fee remission and exemption can be downloaded here
How much will it cost for a solicitor to prepare a Lasting Power of Attorney for me?
The forms that need to be completed to make a Lasting Power of Attorney and to register it are quite lengthy. Solicitors tend to charge "by the hour" and therefore asking a solicitor to prepare a Lasting Power of Attorney for you can be expensive. Prices for a solicitor to prepare a Lasting Power of Attorney for you tend to be in the region of £500.00 upwards. This is in addition to the fees of the Office of the Public Guardian.
This has to be contrasted with the old system of Enduring Powers of Attorney which required much less form filling. Solicitors typically charged in between £50.00 and £100.00 for an enduring power of attorney.
Although the forms are time consuming to complete, once you have all of the forms and clear guidance on how to complete them, they are not particularly complicated.
Emmetts Solictors have devised a solution to enable you to prepare a Lasting Power of Attorney for only £49.99.
1. Download our Lasting Power of Attorney Pack for £49.99
2. You will have instant access to all the forms that you need and clear guidance enabling you to make a Lasting Power of Attorney.
For only £49.99 you can prepare and register a Lasting Power of Attorney.
Can I make a Lasting Power of Attorney myself?
Yes. If you wish to make the Lasting Power of Attorney yourself, you can download all of the necessary forms and a guide by clicking on the button below.
For £49.99 you will have instant access to the following:
1. Step by step checklist for making a Lasting Power of Attorney
2. Guidance for making a Lasting Power of Attorney
3. Property and Affairs Lasting Power of Attorney
4. Guidance notes on completing the Property and Affairs Lasting Power of Attorney
5. Welfare Lasting Power of Attorney
6. Guidance notes on completing the Welfare Lasting Power of Attorney
7. Step by step checklist for registering a Lasting Power of Attorney
8. Guidance on registering a Lasting Power of Attorney
9. Notice of intention to apply for a Lasting Power of Attorney
10. Application to register a Lasting Power of Attorney
11. Notes on application to register a Lasting Power of Attorney
12. Application form for a fee exemption or remission
Please note that the documents are in pdf format. Therefore, you need Adobe Reader or a similar pdf reader to view the documents.
Adobe Reader can be downloaded free of charge by clicking here
Will you check the Lasting Power of Attorney for me?
If you download the Lasting Power of Attorney Pack, you will be in a position to prepare and register the Lasting Power of Attorney yourself. £49.99 is therefore the only cost necessary to prepare and register your Lasting Power of Attorney.
We recognise that some people want the comfort and guidance of a solicitor to ensure that the Lasting Power of Attorney is accurate and valid.
Therefore, if after downloading the Lasting Power of Attorney Pack and preparing the forms you want us to check them, we will review your documents, check them and provide advice at a reduced rate.
We will check the Lasting Power of Attorney for an additional £99.00 plus VAT. This will include receiving and reviewing your completed documents, review of the documents by a partner, a telephone call by a partner to you to discuss the documents and a report on the forms.
Similarly, if you wish us to review and check the Lasting Power of Attorney Registration Forms, we will do so for an additional £99.00 plus VAT. This will include receiving and reviewing your completed documents, review of the documents by a partner, a telephone call by a partner to you to discuss the documents and a report on the forms.
Please note that these fees are "optional extras" for those who want extra guidance. The Lasting Power of Attorney pack for £49.99 will provide all of the documents and guidance needed for you to complete the Lasting Power of Attorney and to register the Lasting Power of Attorney.
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