Lasting Powers of Attorney fees rise but they still provide huge benefits

The Ministry of Justice has announced that the fee for applying for a Lasting Power of Attorney (LPA) is to rise from £82 to £92. While any price increase is unwelcome, LPAs still represent excellent value for the security and peace of mind that they bring.

Lasting Powers of Attorney are legal documents that allow a trusted person to step in and make decisions on your behalf if you become unable to do so. They are widely seen as one of the most important measures people can put in place to protect themselves and their families against future uncertainty.

There are two types of LPA. A Property and Financial Affairs LPA covers decisions about money, property, and financial matters. This can include paying bills, managing bank accounts, or even selling a home. A Health and Welfare LPA, on the other hand, relates to personal matters such as medical treatment, care arrangements, and day-to-day welfare.

Crucially, an LPA must be set up while the person granting it – known as the donor – still has mental capacity. Once capacity is lost, it is too late. Without an LPA, relatives may be forced to apply to the Court of Protection for the right to act, a process which can be lengthy, costly, and stressful.

The benefits of having an LPA in place are significant. They ensure that if illness, accident or age prevents someone making their own choices, decisions can still be taken promptly by people they trust. This can avoid delays in accessing funds for care, or disputes over medical treatment. For families, it provides clarity and reduces conflict at what is often a difficult time.

When setting up an LPA it is important to get specialist legal advice. Mistakes or vague wording can lead to restrictions that limit how the document can be used. A solicitor can also advise on appointing replacement attorneys, adding preferences and instructions, and tailoring the LPA to the donor’s individual circumstances.

With more people living longer and conditions such as dementia becoming more common, the demand for LPAs has grown steadily in recent years. Seeking professional advice ensures the documents are robust and effective, giving donors confidence that their affairs will be managed properly, whatever the future brings.

Please contact us if you would like advice about setting up a Lasting Power of Attorney.