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The Law Society - Conveyancing

27

Nov

2013

Lasting Powers of Attorney – Reduction of Court Fee

Reduction in Court Fee for Registration of Lasting Power of Attorney

Those looking to protect themselves and their assets for future incapacity will be pleased to learn that the Court registration fee for a Lasting Power of Attorney has now dropped to £110 as from 1st October 2013.

The Lasting Power of Attorney (“LPA”) is available in two forms: the Property and Financial Affairs LPA which allows your appointed representative(s) (‘Attorney(s)’) to manage your financial affairs and deal with any rental or sale of your home on your behalf in the event of your incapacity or if you choose to activate the LPA and pass responsability on to those that you have chosen.  This is an extremely useful document, particularly for those who have sole control of their funds – i.e. who do not hold joint accounts or own property jointly – as their incapacity can then lock away these assets until such time as the much lengthier and more expensive Deputyship application has been processed by the Court.

A Deputyship application is put in place when someone has already lost capacity to act on their own behalf, and the Court is called-on to appoint or agree the appointment of a Deputy.  Evidently as the Deputy has not been chosen by the person for whom they are acting, their duties and responsabilities to the Court are more onerous from the outset, and they are supervised closely as a result during the course of their appointment.  Such applications are signifciantly more expensive than a standard LPA, and also involve ongoing fees and expenses throughout the appointment.  A Deputy can be appointed to manage either your financial affairs or personal welfare and health issues.  More than one Deputy can be appointed for each category.

The second form – the Health and Welfare LPA – is a more complex document which allows your appointed representative(s) to make decisions for you about health related issues such as medical care, moving into a care home and life-sustaining treatment.  This type of LPA is only to be used when you are unable to make your own decisions, and should be considered with caution in light of not only the significance of the decisions being made, but also the difficulties involved in predicting a defined set of circumstances under which an attorny might be authorised to act on your behalf. 

Details and forms are available from the Office of the Public Guardian website, or our experienced team are happy to help in the completion and registration of applications for Property and Financial Affairs Lasting Powers of Attorney, or Deputyship applications.

http://www.justice.gov.uk/forms/opg

 

 

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