Power of attorney cost

Power of attorney cost

This page was last updated on 1 October 2021

Power Of Attorney Cost In 2021

It is difficult to contemplate a time when you do not have the ability to make decisions about your health or your financial affairs.

In this situation, you may want a Lasting Power of Attorney (LPA) so a family member or close friend can make decisions on your behalf.

It is important to think about the cost of registering an LPA so you can register in good time, while you have the capacity.

Topics that you will find covered on this page

You can listen to an audio recording of this page below.

What does the term lasting powers of attorney (LPA) mean?

A lasting power of attorney LPA is a power you give to a person, like a close personal friend or a family member, so they can make decisions for you about your financial affairs, or your health and care in circumstances where you lose mental capacity.

The person who sets up the power is referred to as the donor, and the person who they name to make decisions is referred to as their attorney.

What are the types of lasting power of attorney (LPA)?

There are two types of LPA; LPA for financial decisions and LPA for health and welfare. Property and financial affairs power of attorney is for either while you still have mental capacity, or if you can no longer make your own decisions.

Health and welfare lasting power of attorney only come into place at the point when you cannot make your own decisions anymore.

Here is a short video explaining more about what a power of attorney is.

What can an attorney with property and financial affairs lasting power do?

Attorney power may include:

  • Selling or buying a property or other assets
  • Paying rent, a mortgage on a property or care home fees
  • Managing the donor’s bank account
  • Withdrawing money from the bank that the donor will need
  • Arranging maintenance on your property, for example, repairs
  • Making payments

What does a lasting power of attorney for health and welfare do?

The power of attorney may include:

  • Making provisions for care, for example, if you need to move into a care home run by social services
  • Managing home living setting
  • Organising your medical care, for example, if you want private healthcare
  • Social activities, for example when you see other people and for how long
  • Daily living needs, for example, what you eat, hygiene, what you wear

Why do I need a power of attorney?

A power of attorney is important so that if you lose capacity and are unable to make your own decisions.

A lasting power of attorney will make sure that there is someone in place who knows your wishes and principles that can make decisions for you.

At what point should I apply for power of attorney?

You should apply for lasting power as soon as possible to make sure you have someone with the ability to make decisions about your health and welfare and property and financial affairs.

If you do not have a lasting power of attorney, your loved ones may not be able to access the person’s financial affairs and therefore will be unable to make provisions for care.

What happens if I do not have a lasting power of attorney (LPA)?

If you do not have an LPA, then the court of protection can make decisions on whether you have mental capacity, make an order about a decision on your finances, health or care, or appoint a deputy to act on your behalf.

It is better that you have an LPA in place, or have and EPA from before October 2007, as this is more likely to reflect your wishes.

Who can be attorneys?

Attorneys must be over the age of 18 and have mental capacity themself. People may also be unable to be an attorney because they are bankrupt. You can use a solicitor, bank, or a professional service as your attorney, though they will evidently charge a fee.

How much does it cost to get the power of attorney UK?

The cost of lasting power of attorney registration is £82 in England and Wales for each power, both the financial affairs lasting power and health and welfare lasting power. This means there is a fee of £164 to register an LPA for both powers.

How am I meant to pay for a lasting power of attorney?

The donor must pay the registration fee directly to the office of the public guardian. The OPG will then contact the person paying to take payment. The fee is not refundable.

"In England and Wales, the fee for a LPA to the Office of the Public Guardian is £82 to register an LPA.  In Scotland the cost is £79, in Northern Ireland, the cost is £151."

Is the cost of power of attorney always the same?

In England and Wales, the fee to the Office of the Public Guardian is £82 to register an LPA. 

In Scotland the cost is £79, in Northern Ireland, the cost is £151. The nature, process, and name of an LPA are also different between the countries.

Are there any discounts for registering your LPA?

If you earn less than £12,000 a year, you may be able to save 50% on lasting powers of attorney fees (50% remission). If you are receiving certain types of benefits, registration may be free.

This includes Income Support, Jobseeker’s Allowance, Disability Benefits, and Housing Benefit. You can call the office of the public guardian to ask whether you can get a reduction.

Can you do power of Attorney yourself?

If you do power of attorney yourself, you will save yourself from having to pay solicitors fees.

You can get more information for free from the Citizen’s Advice Service, or there is a guide that comes with the OPG forms.

What are the risks of applying for power of attorney yourself?

While it can save money to complete the attorney document without legal advice or professional help, it is important to remember that an LPA is a legal document with lasting consequences.

Therefore, although it costs money to use professional services, this support could prevent costs in changing your LPA, or it being invalid, further down the line.

Should I hire a professional service to help with my LPA?

You can appoint a solicitor or power of attorney specialist to help with LPA. While you do not need help to register, the LPA form is a very important legal document and requires precise legal terminology. Further, it can be expensive to change your LPA.

Therefore, getting help and advice from a solicitor may help ensure your LPA reflects what you would like it to, and save you and your loved ones money and stress.

How can a solicitor or specialist help with an LPA?

A solicitor or specialist can use the information you provide to help draft your forms on your behalf. They can also act as your LPA certificate provider or professional attorneys.

As a guide, how much do solicitors charge to draft an LPA form?

You should make sure the solicitor you use is authorised and regulated by the Solicitors Regulation Authority (SRA). Solicitor’s fees vary from £400 to £1000.

This variation depends on the solicitor you use, and the complexity of the lasting power of attorney. Some solicitors will make a deal where you get to register lasting powers of attorneys for a married couple simultaneously, which may also speed up the process for you.

As a guide, how much would a lasting power of attorney specialist charge to help draft my LPA forms?

There are also services that can manage the LPA application process for you. These services are often a bit cheaper, from anywhere between £250 and £1000.

How can I reduce the cost of an LPA?

There are multiple ways to reduce costs. These include:

  • Fill out and send the forms yourself
  • Get a free initial consultation call with a solicitor
  • Consider multiple solicitors and specialist services to work out which is the best deal for you
  • Gather information and do online research first
  • Get free information from the Citizen’s Advice Bureau
  • Get your solicitor to do multiple things at once, like an LPA, a will and trust as part of estate planning

Can I change my lasting power of attorney?

You can change an LPA if you still have capacity. The donor cannot change their LPA if they have deteriorated in capacity significantly.

To instate a new attorney or change their responsibilities, you must complete a ‘partial deed of revocation’. To end or change an LPA, you can send the OPG a ‘deed of revocation’.

How much would a repeat lasting power of attorney application cost?

You have to pay to amend your LPA or to make a repeat application. For a repeat application, the fee is £41, which is a 50% reduction.

Can an attorney get paid?

A professional service, like a bank or a solicitor acting as an attorney, will without a doubt get paid. If your attorney is a family member or a personal friend, they can get expenses for making decisions on your behalf. However, they can only get paid if the donor has said they could on their lasting power of attorney form.

What are the attorney’s financial responsibilities?

The attorney for property and financial affairs will manage the donor’s finances. They must make accurate records of their dealings, and sign their name whenever a signature is required, with the words ‘Attorney for X’ underneath the signature.

Where do I get a lasting power of attorney registered?

An LPA has to be registered with the OPG. The Office of the Public Guardian is a government department meant to support people who do not have mental capacity. The registration process is different in Scotland and Northern Ireland.

Where do I get the power of attorney forms?

You can find the form you need to register and send to the OPG below:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/600964/LP1H-Create-and-register-your-lasting-power-of-attorney.pdf

The forms can also be completed online at:

https://www.lastingpowerofattorney.service.gov.uk/home?_ga=2.93323038.2076640922.1592228012-1648111811.1582121691

Who do I need to notify about creating a lasting power of attorney?

On the application form, there is a section called ‘people to notify’. You should send these people a LP3 form, which gives them three weeks to call the OPG to deal with any concerns they have with your LPA.

Do enduring powers of attorney (EPA) from before 2007 work now?

Enduring powers of attorney were replaced by lasting powers of attorney in October 2007. If you made and signed the EPA any time before 1 October 2007, then the power should still exist. The term enduring power of attorney is still used in Northern Ireland.

What happens to my enduring power of attorney if I no longer have capacity?

If you still have capacity, you do not need to have your EPA registered with the OPG. However, if the donor does not have capacity, then the EPA must be registered to the OPG.

How should I get rid of lasting powers of attorney?

The person who made the lasting power of attorney can cancel it if they still have mental capacity. Attorneys can also fill out form LPA 005 to say that they do not want to be lasting power of attorney anymore. They would have to send the LPA 005 to the office of the public guardian, the donor, plus any other power attorneys.

What happens if the person has already lost capacity and does not have an LPA?

If someone has not got an LPA but has already lost capacity, their carer should apply to the Court of Protection. The court can appoint a deputy, who is normally a close personal friend or a family member.

How much does the process of appointing a deputy normally cost?

To register as a deputy costs £365. However legal fees can be over £1000, and if there has to be a hearing for the case, this will cost another £485. Deputies need to pay an upfront charge (£100) and supervision fees (£320 per year).

This can be a long and expensive process, and it is recommended in this circumstance that you get help from a solicitor services.

Can I be refunded on power of attorney fees?

If you registered your LPA in England and Wales between 1st of April 2013 and the 31st March 2017, you would be eligible for a refund of up to £54 on your lasting power of attorney fees. The donor can claim up until 1 February 2021 by making a call to the OPG or going to the following online site:

https://www.gov.uk/power-of-attorney-refund

Have A Free & Impartial Chat With Us

 

Would you like to speak to a specialist about the costs of setting up a Power of Attorney?

You can contact us in one of 3 ways:

  • Option 1 – Call us directly on – 0333 567 1602
  • Option 2 – Book an appointment directly in the calendar below, and one of the team will call you back at the chosen time
  • Option 3 – Leave us your contact details and we will get in touch

 

Option 1 – Call directly to discuss your Power of Attorney needs

Our lines are open Monday to Friday – 9:00 to 5:00

Option 2 – Book an appointment, in the calendar below, for a Power of Attorney specialist to call you back when its convenient

Option 3 – Leave us your details and we will get in touch

Leave your contact details below and one of the team will give you a call to discuss your needs.

All call backs will be undertaken by Quadrant Estate Planning

Please note that all calls are undertaken by Quadrant Estate Planning, a Lasting Power of Attorney specialist

Article author

Katy Davies

I am a keen reader and writer and have been helping to write and produce the legal content for the site since the launch.   I studied for a law degree at Manchester University and I use that theoretical experience, as well as my practical experience as a solicitor, to help produce legal content which I hope you find helpful.

Outside of work, I love the snow and am a keen snowboarder.  Most winters you will see me trying to get away for long weekends to the slopes in Switzerland or France.

Email – katy@helpandadvice.co.uk

LinkedIn – Connect with me

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Frequently Asked Questions

What are the types of lasting power of attorney (LPA)?
 
There are two types of LPA; LPA for financial decisions and LPA for health and welfare. Property and financial affairs power of attorney is for either while you still have mental capacity, or if you can no longer make your own decisions.
 
Health and welfare lasting power of attorney only come into place at the point when you cannot make your own decisions anymore.Here is a short video explaining more about what a power of attorney is.

 

How much does it cost to get the power of attorney UK?

The cost of lasting power of attorney registration is £82 in England and Wales for each power, both the financial affairs lasting power and health and welfare lasting power. This means there is a fee of £164 to register an LPA for both powers.

 

Is the cost of power of attorney always the same?

In England and Wales, the fee to the Office of the Public Guardian is £82 to register an LPA. In Scotland the cost is £79, in Northern Ireland, the cost is £151. The nature, process, and name of an LPA are also different between the countries.

 

Are there any discounts for registering your LPA?

If you earn less than £12,000 a year, you may be able to save 50% on lasting powers of attorney fees (50% remission). If you are receiving certain types of benefits, registration may be free.This includes Income Support, Jobseeker’s Allowance, Disability Benefits, and Housing Benefit. You can call the office of the public guardian to ask whether you can get a reduction.
 
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