Lasting Powers of Attorney

A Donor may make an LPA if they are aged 18 or over and have the mental capacity to understand the purpose and effects of the LPA when they make it.

There are two types of LPA: Property and Financial Affairs, and Health and Welfare. A Donor may make one type of LPA or both. A Donor may appoint one or more Attorneys and if they appoint more than one, allow their Attorneys to make decisions individually or require them to make decisions together.

A Property and Financial Affairs LPA can allow an Attorney to make decisions about a Donor’s money and property, such as collecting benefits, paying bills and selling their home.

A Health and Welfare LPA can allow an Attorney to make decisions about a Donor’s daily routine such as their diet and what to wear, moving into residential care and medical treatment. This could include life-sustaining treatment if the Donor so wishes.

If a person no longer has the mental capacity to make an LPA and another person wishes to make decisions on their behalf, it will be necessary for that other person to apply to the Court of Protection to be appointed as a Deputy.

It is more time-consuming and expensive to make a Deputyship application and act as a Deputy than to act as an Attorney under an LPA. For these reasons, a person should always consider making an LPA while they have the mental capacity to do so.

Fixed fees

In most cases, we offer fixed fee packages for the preparation and registration of LPAs with the Office of the Public Guardian.

We offer a fixed fee from £150 + VAT for the initial meeting and advice about the preparation and registration of an LPA. However, we will not ask a client to pay the fixed fee if we then prepare an LPA for them, in which case the following fixed fees will apply:

For one LPA (Property and Financial Affairs or Health and Welfare): £400 + £80 VAT + registration fee*

For two LPAs (Property and Financial Affairs and Health and Welfare): £650 + £130 VAT + registration fees*

The fixed fee from £150 + VAT will apply if we do not prepare an LPA after the initial meeting, perhaps because after receiving our advice the client decides they do not want to make an LPA after all or because they lack the mental capacity to do so.

*A Court fee of £82 is payable when registering an LPA, or £164 for two LPAs.

A Donor can apply for an exemption of the registration fees if they receive certain welfare benefits. An exemption may be available where one of the following welfare benefits is received: Income Support, Income-based Employment and Support Allowance; Income-based Jobseeker’s Allowance; Guaranteed Pension Credit; Housing Benefit; Council Tax Reduction or Support (restrictions apply); Local Housing Allowance; Universal Credit; a combination of Working Tax Credit together with another specified benefit.

An exemption may not be available where the Donor has been awarded personal injury damages of more than £16,000.

A Donor can apply for a remission (a reduction of 50%) in registration fees if they have a gross annual income of less than £12,000 or receive Universal Credit.

If the Donor does not qualify for exemption or remission but paying the fees would cause hardship (such as not being able to meet normal living costs) they can still apply to have the fees waived.

To qualify for a remission or exemption, or argue fees would cause hardship, an application must be made and certain evidence provided. We will be happy to assist and advise you on these matters.

If a case is unusually complicated or involved, it may not be possible for us to prepare and register LPAs at our standard fixed fee rates. If a case falls into this category, we will inform the client at the initial meeting and advise them of the fees that will apply. If we inform a client that their case falls into this category and they then decide not to instruct us after all, we will not charge for the initial meeting and any advice already given.

Our fees for non-fixed fee cases will depend upon the complexity of the case, the experience and seniority of the lawyers and support staff involved and any disbursements which apply.

Contact us

Contact us today to see if our dedicated team can help. Please telephone our Holloway office on 020 7263 7887 or contact us at enquiries@burkeniazi.com.