Lasting Power of Attorney (LPA)

Age UK York have a free, impartial and confidential Information & Advice team who can help you understand Lasting Power of Attorney (LPA), including outlining the options you have to put LPAs in place.
Age UK York can also provide an additional chargeable service to assist in the process to make and register a LPA. The fees for this additional service help cover incurred costs. Age UK York's fees are £195+VAT (£234) for one LPA, £345+VAT (£414) for both LPAs.
The Office of the Public Guardian (OPG) charge a fee of £82 to register each LPA. (It is possible to apply for a 50% fee reduction, e.g. if you earn less than £12,000 per annum, or an exemption, e.g. if you are on certain means-tested benefits.)

The following table illustrates the two different fees and total cost payable for both fees.

Number of LPAs	Fees, Age UK York	Fees, OPG	Total Fees Payable
One LPA	£234 (£195+VAT)	£82	£316
Two LPAs	£414 (£345+VAT)	£164	£578
Four LPAs	£828 (£690+VAT)	£328	£1156

Email: firstcall@ageukyork.org.uk
Telephone: 01904 634061

A Lasting Power of Attorney (LPA) allows an individual to appoint one or more people to help them make decisions, which can include making decisions their behalf.

There might come a time when you are no longer able to make or communicate your own decisions. It could be you are starting to need help with everyday financial tasks. Setting up a LPA can make things much easier. The best time to make a LPA is when you don't need it.

At Age UK York we can help you understand what a LPA is, and your options for putting LPAs in place.

What's a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (known as the Donor) to appoint one or more people whom they trust (known as Attorneys) to make decisions on their behalf.

A LPA can help give you peace of mind that someone you trust can help take care of the things matter in your life, should there ever come a time when you are struggling to do so. Attorneys do not have to be family members, just someone you trust to make decisions "as if they were you".

Anyone over 18 can make a LPA, provided they have the mental capacity to do so.

LPAs are governed by the Mental Capacity Act 2005 (MCA), regulations made under it and the MCA Code of Practice. Attorneys must follow the principles of the Mental Capacity Act, and must always act in your best interests. Attorneys must:

• do everything they can to help you make all or part of a decision


• identify what you would take into account if you were making a decision


• be guided by your personal, political, cultural, moral, or religious beliefs and values when making any decisions for you

Why set up a LPA?

There are a number of reasons why you might need someone to make decisions on your behalf. It could be that you are concerned about going into hospital or whether you might need care in the future. It could be that you are starting to need help with everyday financial tasks such as paying your bills, going to the bank or the inevitable drift to things only being available either over the phone or online. LPAs might be part of your long-term planning. Maybe you are concerned should you ever become diagnosed with, say, dementia - or maybe you just like to be organised. LPAs enable you a way to plan ahead in case you are concerned about your ability to make your own decisions in the future.

What ever your reason, our team at Age UK York can help.
Setting up your LPA doesn't have to be difficult.
We can help you get things started. We can even help you fill out all the forms you need, making sure you do not miss anything out.

Are there two types of LPA?

There are two types of LPA, each of which has a different purpose: one for property and financial affairs; one for health & welfare. Therefore, individuals can choose whether to have one or both. Individuals can have different attorneys on each LPA. Individuals can choose to allow their attorneys to be able to make financial decisions as soon as their LPA is registered. Individuals can add any preferences or instructions to make their LPA specific to themselves.

How can I put in place a LPA?

Age UK York have a free, impartial and confidential Information & Advice team who can help you understand LPAs, including outlining the options you have to put one in place.

It is possible for people to make and register their LPA themselves. Some people decide to pay for assistance (e.g. a solicitor, or some other professional). Age UK York also provide an additional service, but have to charge a fee to cover incurred costs. Our additional service is carried out by a qualified employee who will discuss your needs with you, often by telephone or email in the first instance. We will provide you with information that will enable you to make your own informed decisions – but we cannot provide advice. We will help you complete the forms, making sure that the forms accurately reflect how you want your LPA to work. We will explain the forms to you in person either in our office or, if you prefer, we can visit you in your own home. We will also explain the options to use your LPA after it has been registered. If you wish, we can also liaise with the people whom you choose to involve such as your Attorneys. We want to make sure that your LPAs work in the way you want them to.

When can a LPA be used?

Before a LPA can be used it must be registered by the Office of the Public Guardian (OPG).

Your health and welfare LPA can only be used if you do not have the mental capacity to make a particular decision.

When making a property and financial affairs, you can choose to allow your attorneys to make decisions as soon as your LPA has been registered (and also when you don’t have mental capacity). Most people choose this option because it is the most practical. While you still have mental capacity, your attorneys can only act with your consent. If you later lose capacity, your attorneys can continue to act on your behalf for all decisions covered by your LPA. This option is useful if your are able to make your own decisions but there’s another reason you want your attorneys to help you – for example, if you're away on holiday, or if you have a physical condition that makes it difficult to visit the bank, talk on the phone or sign documents.

Where can I find out more?

You can either call or email our Information & Advice team to understand more. We can help you understand Lasting Power of Attorney (LPA), including outlining the options you have to put LPAs in place. We can send you further information, such as Age UK's Power of attorney guide.

Age UK's Power of attorney information guide

You can find further information on Age UK's national website. For example, the link below describes power of attorney including Lasting Power of Attorney (LPA).

Age UK's website > Power of attorney

Who are the Office of the Public Guardian (OPG)?

The Office of the Public Guardian (OPG) helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves.

OPG is an executive agency, sponsored by the Ministry of Justice.

Office of the Public Guardian (OPG) webpage on GOV.UK

The following webpage by the OPG includes their video: "Where to start".

Your questions answered: Completing forms – Office of the Public Guardian (blog.gov.uk)