For this to happen, the LPA has to be registered with the Office of the Public Guardian. There are two types of LPA:
Type 1: Property and affairs LPA – this relates to financial matters. This type of LPA can be used as soon as it is registered even if the person is mentally capable. However, it is possible to put a restriction on the LPA so it can only be used if the person becomes mentally incapable of managing his or her finances.
Type 2: Personal welfare LPA – this relates to decisions about health, general welfare and where you live. This could include giving or refusing consent on your behalf. This type of LPA can only be used if the person is mentally incapable of making such decisions.
What does it Cost?
It costs nothing to set up the Lasting Power of attorney deed. However it will cost up to £120 to register each type of LPA, or up to £240 if you need to register both. If you employ a solicitor to do this for you, you will have to pay any fees.
What is involved in making a LPA?
The Office of the Public Guardian provides excellent ‘Creation Packs’ for both types of LPA. The packs contain a guidance booklet and all the necessary forms. These provide everything you need to know so it is important to read them first. They can be obtained by writing to:
The Office of the Public Guardian
PO Box 15118, Birmingham B16 6GX
Tel: 0300 456 0300 Fax: 0870 739 5780
Alternatively a solicitor would be able to help you.
Enduring Power of Attorney (EPA)
Lasting Power of Attorney replaced Enduring Power of Attorney on 1st October 2007. Any EPAs that were drawn up and signed before that date remain valid. This is true for both registered and unregistered EPAs.
EPAs cover property and financial affairs only – not health and welfare. If the donor wishes, he or she can revoke an existing EPA and replace it with a LPA, as long as he or she has the mental capacity to do so.