Lasting Power of Attorney

- Location: Age UK Leicester Shire & Rutland
- Price: Costs may vary
One LPA: £285 + VAT Two LPAs: £430 + VAT A couples LPAs (x4): £690 + VAT (Saving nearly 40% compared to drawing up four singular LPAs)
Email: wills@ageukleics.org.uk
Telephone: 07715 961435
Expert support and advice for planning for later life
Is your lasting power of attorney and will prepared?
Getting prepared for the future is an important step. Writing your will and lasting power of attorney will give you peace of mind knowing that your affairs are in order and your wishes are documented. Without these in place there are risks that your preferences and choices on important matters such as health care, financial affairs and inheritance could not be actioned in the way that you would want.
What is a lasting power of attorney (LPA)?
There might come a time when you're no longer able to make or communicate your own decisions. Having a power of attorney set up can make things much easier if and when that time comes – so it's worth considering now.
A power of attorney is a legal document that appoints someone – your 'attorney' – to make decisions on your behalf.
There are a number of reasons why you may need someone to make decisions on your behalf. It may be a temporary measure, if you're going into hospital and need help with everyday financial tasks like paying your bills. Or it may be part of long-term planning – if, for example, you've been diagnosed with dementia and want to plan ahead in case you lose mental capacity to make your own decisions in the future.
There are two types of LPA: one for making financial decisions and another for making health and care decisions. You can set up LPAs for both types of decisions.
An LPA for health and care decisions can only be used if you lose mental capacity. An LPA for financial decisions can also be used while you still have mental capacity if this is what you’d prefer, but you need to choose this option when setting it up.
You can only create an LPA if you have mental capacity to do so and you haven’t been put under any pressure to set it up.
An LPA isn’t necessarily permanent. You can cancel it at any time while you have mental capacity by sending the original LPA document and a 'deed of revocation' to the Office of the Public Guardian.
LPA for property and financial affairs decisions
If you create this type of LPA, your attorney can make decisions about things like:
• selling your home
• paying your mortgage and bills
• arranging repairs to your home.
Key facts:
• You decide when you want this type of LPA to start. This might be while you still have mental capacity, or it might be if and when you lose mental capacity.
• This type of LPA gives your attorney the authority to make all decisions about your finances and property, unless you limit their authority by including specific instructions when setting it up.
• Your attorney usually has to keep your money separate from theirs and keep accounts to show this.
• You can ask for regular updates on how much money you have and how much has been spent. If you’d like, these updates can also be sent to your solicitor or a family member.
LPA for health and care decisions
If you create this type of LPA, your attorney can make decisions about things like:
• where you live
• your medical treatment
• the care and support you receive
• who you have contact with
• what kind of social activities you take part in.
Key facts:
• Unlike an LPA for financial decisions, your attorney can only use this LPA if you no longer have mental capacity.
• When setting up the LPA, you must decide whether to give your attorney the authority to make decisions about life-saving treatment.
• If you lose mental capacity and don’t have this type of LPA in place, any decisions about your health or care will be made by the professionals relevant to your situation, such as your doctor or your local council’s social services department. If appropriate, they must consult your family (or anyone else with an interest in your welfare) when deciding what is in your best interests – but the final decision lies with them.
Why write your lasting power of attorneys now?
Writing a lasting power of attorney can give you peace of mind that someone you trust can take care of the things that matter in life, if there ever comes a time when you can’t. It enables you to:
• Protect your interests: Appoint someone you trust to make decisions on your behalf, ensuring your financial affairs and personal well-being are handled with care and respect.
• Stay in control: Make your preferences known and ensure they are followed, even if you face unexpected health challenges.
• Feel reassured: Having a clear, legally binding plan in place will reduce stress and uncertainty for you and your family.
• Access expert guidance: Our experienced team is here to assist you every step of the way, making the process simple and straightforward.
If you're married or in a civil partnership...
You may have assumed that your spouse or civil partner would automatically be able to make decisions about your finances or your health and care if there comes a time when you can no longer do so. But without an LPA, your spouse or civil partner doesn't have this authority.
How do I set up a lasting power of attorney?
If you decide that you would like our assistance in completing the LPA, we will provide a designated advisor who can discuss our LPA service over the phone and arrange a visit to you in your home.
• The visit will be arranged at least two weeks in advance to allow for a 14 day cooling off period, allowing you to change your mind.*
• This two week period also gives you time to gather together the information and documents needed to complete the process.
• Your advisor will explain, in detail, the process, the documentation and the additional fees charged by the Office of Public Guardian (OPG).
• The fees for this may be waived, or reduced, depending on your level of income - your advisor will help you with this too.
• We will give you clear options and instructions on how to submit the final, completed application – we cannot submit it for you.
*During this 14 day period you have the right to cancel, however we would appreciate it if you could give us as much notice as possible if you decide not to proceed with us.
For more information on lasting power of attorney, please click here