How Much Does a Solicitor Charge For Power of Attorney?

A Guide to Power of Attorney Costs In The UK

Understanding the costs associated with setting up a Power of Attorney (POA) is essential for anyone looking to make arrangements for their future welfare and financial affairs.

This article provides a comprehensive overview of POA costs in the UK, offering insights into solicitor fees, registration charges, and tips for reducing the cost.

The article will help you do the following:

  1. Understand the importance of considering POA costs.
  2. Learn about the factors affecting POA fees and charges.
  3. Discover the main types of POAs and their respective costs.
  4. Recognise the benefits of making informed decisions about POA arrangements.
  5. Take informed steps towards setting up a POA efficiently and cost-effectively.

Key Takeaways & Learnings From This Page on power of attorney costs

Here are 7 key takeaways from this article:

  1. POA fees vary widely across the UK, with solicitor charges for drafting a POA ranging from £300 to £1,000, excluding VAT. More complex cases or those requiring both financial and health and welfare POAs could see costs rise to £1,500 or more.
  2. Registration fees for a POA application stand at £82 per document. Professional advisor costs start at around £400 for solicitor services or £250 if using a POA specialist.
  3. Using a POA specialist can start from around £300, potentially reaching £1,000 for complex cases.
  4. In Scotland, POA costs include solicitor preparation fees and a registration fee to the Office of the Public Guardian, with registration costing £81 per POA.
  5. Benefits eligibility, bundling legal requests, and shopping around are effective strategies for reducing POA costs.
  6. The legal and financial implications of POAs highlight the importance of selecting a trustworthy agent and understanding the types of POAs available.
  7. Establishing a POA involves choosing the right type, selecting an attorney, defining authority scope, and ensuring the document meets legal requirements.

Topics that you will find covered on this page

How Much Does a Solicitor Charge For Power of Attorney

The cost of a solicitor drafting a Power of Attorney can vary widely depending on the complexity of the document, whereabouts in the UK you are located, and the experience of the solicitor. 

UK Care Guide research indicates that, in the UK, fees for a straightforward Power of Attorney might range from £300 to £1,000, excluding VAT. However, if your affairs are more complex or if you require both a financial and a health and welfare POA, costs could be higher, potentially reaching £1,500 or more.

 It’s also worth noting that some solicitors charge fixed fees for this service, while others may bill by the hour. To get the most accurate estimate, it’s best to contact a few solicitors or law firms directly to discuss your specific needs and obtain quotes. We also recommend that you request a fixed fee cost.

How Much Does a Power of Attorney Cost?

For many, a key concern could be the cost of Lasting Power of Attorney.

Firstly, the application fees are £82 per power of attorney. In addition, professional advisor costs start at around £400 if you use a solicitor or from £300 if you use a power of attorney specialist. It is advisable to always get a quote before you proceed.

There are a variety of Lasting Power of Attorney lawyer fees you need to consider about the cost of power of attorney.

You or the donor will need to pay a registration fee of £82 for Lasting Power of Attorney solicitors. This charge applies per specific type of Lasting Powers of Attorney (LPA). Therefore, to organise it to cover both, the LPA cost is £164.

If you need to make amendments or request a repeat application, you will need to pay once again, but the registration fee is reduced by 50% to £41.

If you do pay the higher amount, then a refund or if there is more than one application, refunds for them are all available.

In addition, if you want to ensure you create your Lasting Power of Attorney correctly, we would strongly recommend that you seek the support of a professional. Getting it wrong can have significant implications for your kin at a later time.

power of attorney cost martin lewis

Using a Power of Attorney Specialist

As with solicitors, you can use an organisation whose role is in creating the power of attorney. The power of attorney charges in this case usually starts around £300 and can go up to £1,000 for particularly complex cases.

Cost of Power of Attorney In Scotland

The power of attorney in Scotland consists of two primary expenses: the charge for the document’s preparation by a solicitor and the registration fee paid to the Office of the Public Guardian (OPG).

It is recommended to obtain estimates from several solicitors in order to obtain an accurate approximation of the fees charged by each. The OPG registration charge is £81 per PoA, though it is subject to change, and there are fee reductions and exemptions available for people receiving specific benefits or living on a low income.

It’s vital to keep in mind that you must pay the registration fee for each PoA if you are creating both a financial and a welfare one. There can also be additional expenses, such as those for any necessary medical evaluations.

Budget for all of these expenses, and for a complete understanding of the potential costs involved, consult a lawyer or the OPG.

Tips to Reduce the Costs of a Power of Attorney

Tip 1 – Are you entitled to benefits?

There are concessions and exemptions to some powers of attorney expenses available – for example those in receipt of Income Support, Housing Benefit, Jobseeker’s Allowance or work-related Disability Benefit payments.

To determine whether you are eligible for a reduction or exemption from the power of attorney cost, you can speak to the Office of the Public Guardian (OPG) for individual advice. They can also support you with the registration process. Any power of attorney must be registered with them.

Help and guidance can be obtained from the Citizen’s Advice Bureau , and you may be entitled to financial support from funds and charities, who can also help you with the registration process.

Tip 2 – Bundle up requests for legal help

Typically, when you are speaking to a legal advisor about setting up a Lasting Power of Attorney, it would not be unusual also to discuss other legal issues.

For example, this would be a good time to either make a Will or update it. Or, if you have some assets, this is a good time to think about your estate planning and look at legitimate ways in which you can reduce your inheritance tax (or rather your families bill!).

Therefore, if these topics are relevant to you, you should ask your lawyers or solicitor to do these simultaneously, as this should help reduce your overall costs. If you do this you should get a discount on the overall cost.

Tip 3 – Shop around

Firstly, beware about just going for the cheapest option, as you don’t want to get this wrong! We have agreed a special deal with Trust Inheritance whereby you can get a power of attorney set up from £395. Based on our research and experience, this is by far the best value solution we have seen.

Legal and Financial Implications of Power of Attorney

When considering a Power of Attorney (POA), it’s crucial to understand both the legal and financial implications that accompany this significant legal document. The POA not only grants someone the authority to make decisions on your behalf but also carries with it a range of legal responsibilities and financial consequences.

1 – Legal Responsibilities of the Agent

The person you appoint as your agent (or attorney-in-fact) is entrusted with the duty to act in your best interest. This responsibility includes making decisions that align with your wishes and the legal authority granted to them. 

They must avoid any conflicts of interest and are legally obliged to keep detailed records of all transactions and decisions made on your behalf.

2 – Financial Consequences for the Principal

The financial implications of a POA for the principal (the person granting the POA) are profound. The agent has the authority to manage your financial affairs, which can include paying bills, managing investments, and even selling property. It’s essential that the agent you choose is trustworthy and capable of managing financial matters prudently, as their actions can significantly impact your financial well-being.

3 – Types of Power of Attorney and Their Implications

Different types of POA have varying implications:

Durable Power of Attorney

Remains in effect if you become incapacitated, allowing the agent to manage your financial affairs without court intervention.

Medical Power of Attorney

Grants the agent authority to make healthcare decisions on your behalf, affecting your medical treatment and healthcare management.

Limited Power of Attorney

Gives the agent authority to perform specific acts or make decisions in particular situations, limiting their power and reducing financial risk.

Each type of POA serves a distinct purpose and comes with its own set of legal and financial implications. Understanding these differences is crucial in making informed decisions that align with your needs and circumstances.

Process and Requirements for Establishing a Power of Attorney

Creating a Power of Attorney (POA) involves several key steps and adheres to specific legal requirements, ensuring the document is valid and enforceable.

Steps to Establish a Power of Attorney

1 – Choose the Right Type of POA

Decide whether you need a durable, medical, or limited POA based on your specific needs.

2 – Select Your Attorney 

Choose someone you trust implicitly to act on your behalf.

3 – Determine the Scope of Authority

Clearly define what decisions your agent can make for you.

4 – Consult a Legal Professional

While not always necessary, consulting with a solicitor can ensure your POA meets all legal requirements.

5 – Draft the Document

Use a legally approved template or have a solicitor draft the POA to ensure it includes all necessary information and clauses.

6 – Sign and Notarise

Sign the document in the presence of a notary to verify your identity and understanding of the POA’s implications.

7 – Register the POA

You will need to register the POA.

how much does power of attorney cost

What a Power of Attorney Covers

A power of attorney in the UK is a legal document that enables a nominated party (usually a family member) to make decisions and act on a person’s behalf as a public guardian should they lack mental capacity at any time.

This guidance sets out what you can do in England, Wales and Northern Ireland. Scotland has its own rules.

In essence, if your mental capacity deteriorates and you can’t manage your affairs then you can nominate someone else to do so on your behalf.

Although generally it is associated with finances (enabling the nominated party to withdraw funds and carry out banking and other financial responsibilities on behalf of the individual) there are actually two types of legal documents in the UK.

One legal document does cover the above, including the selling of property and guarding of assets, and the other covers care decisions – More information on this below.

Both are very important and must be set up properly under the guidance of a specialist such as an advisor or a solicitor. They can also help you understand the power of attorney price.

Where To Register The Lasting Power of Attorney

Lasting Power of Attorney applications for England and Wales are registered with the Office of the Public Guardian , which is a part of the Ministry of Justice. This is the government body responsible for protecting individuals in England and Wales who lack tor lose mental capacity to look after and make decisions for themselves. Likewise, you will need to register interest in a power of attorney in Scotland in this way.

You can submit it yourself, or your prospective attorneys can do so for you. Nobody can register a Lasting Power of Attorney without your agreement – and you will always be notified if one has been registered in your name.

This gives you an opportunity to accept or object.

Before you submit a Lasting Power of Attorney application, you should notify any individuals whose interest it is in to know that a Lasting Power of Attorney has been made.

They will be named on the attorney document itself as ‘people to notify’ and should be consulted prior to an application for LPA being made. This can be done by sending a special form for them to complete.

They will then have the opportunity to object or raise potential concerns with the Office of the Public Guardian , within a three-week window.

Applications can be completed and registered online or in writing. It can take up to ten weeks to be processed, provided the information given is accurate.

You will need to consider all of the above when deciding to get a power of attorney.

What Makes The Power of Attorney Valid

A power of attorney in the UK is only valid if the person consenting still holds the mental capacity to do so, and when they have not been pressured in any way.

It’s important to note that being a spouse or blood-related family member does not entitle you to make decisions on behalf of your relative and manage their affairs.

You will need a Lasting Power of Attorney in place to have the authority to make decisions for and deal with your people.

The certificate provider will also need to sign the power of attorney after you and once they are sure you have understood what is happening. The certificate provider’s role is to act in your best interests.

In addition the certificate provider there will need to be witnesses throughout the document. The role of the witness to independently confirm that the form has been completed and signed by the right people.

Therefore, we strongly recommend that you seek powers of attorney guidance when you are looking to set one up. It’s also good to know that you can appoint more than one attorney. 

When Is It Necessary to Have a Lasting Power of Attorney?

A common factor that contributes to the late implementation of an LPA is uncertainty – as many aren’t sure how they will know when the ‘time is right’ to explore the legal options to protect their relative’s future.

In fact, it really is necessary for anyone who wishes to ensure that they and their people are legally protected in case of mental incapacity. Do not wait until an accident or emergency has occurred to begin the process.

It’s advisable to put both types in place so that all bases are covered in a situation where your relative is unable to make decisions for themselves – as this will enable you to spend their money with their best interests in mind.

You can explore the options for a Lasting Power of Attorney (LPA) at any time, as long as your relative is mentally stable and fully consents to the signing of an LPA agreement.

Without the appropriate LPA in place, you may find you are not able to make a choice on their behalf, and you won’t have access to their finances in order to make payments for care further down the line and other essentials.

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What Happens If You Don’t Have a Power of Attorney

Lasting Powers of Attorney grants them permission to actively suggest and carry out tasks for you as you would have wished.

You must look at Estate Planning to ensure your affairs are looked after, particularly when it comes to mitigating any inheritance tax that may be due. In addition, when you did the person that deals with your affairs will apply for a grant of probate .

You can read our guide on the costs of probate here.

If you are looking at ways to protect your assets then you should look at putting your property into a trust. These are the most popular types:

Protective Property Trust – Click here to read more about them as they allow you to leave your assets to a spouse

Life Interest Trust – Click here to read more about them

Interest in Possession Trust – Click here to read more about them

If you are thinking of using a Trust, then we cannot recommend strongly enough that you speak to a specialist in Trusts. Leave your details at the bottom of this page, and we will arrange for a specialist to give you a call and see what options you may have available to you.

The Different Types of Lasting Power of Attorney

There are, as discussed, two types of Lasting Powers of Attorney for England and Wales. You can choose to appoint a power of attorney for either property and financial affairs and health and welfare Lasting Power of Attorney, or just one, as you see fit.

If you are concerned that you may be mentally incapacitated in the future it is always advisable to cover all eventualities with full Lasting Power of Attorney provision.

The types of lasting power are as follows:

1 – Lasting Power of Attorney for Property and Financial Affairs

This involves the following responsibilities:

  • Paying your mortgage or rental payments
  • Managing pension payments
  • Setting up or stopping Direct Debits in your name
  • Paying phone bills and credit card bills
  • Dealing with your bank or banks,
  • Dealing with your savings accounts
  • Making sure you have access to the money you need, withdrawing cash and depositing cash
  • Arranging maintenance work and repairs
  • Selling or buying property
  • Stop any misuse of your money and make sure a mistake is not made with your account

Here is a video explaining how a property and financial LPA works.

What If You Don’t Have a Power of Attorney for Property and Financial affairs

A lack of Power of Attorney for Financial Affairs could result in relatives being unable to access your money to buy things on your behalf or arrange your finances. They would also be unable to sell a property or buy property if you required them to.

This is because legally your family member or friend is unable to step in and act on your behalf without a pre-agreed legal confirmation of their roles and responsibilities in place.

2 – Lasting Power of Attorney Health and Welfare

This involves the following responsibilities:

  • Your living arrangements (including where you should live, whether you should move to sheltered accommodation or residential care, which care home you move to)
  • Your medical care (including decisions on medication and care administration and directives such as ‘do not resuscitate’ (DNRs), especially if you were to end up in, say, a coma)
  • Care provision (whether you should access home care or move to residential care, plus how much you’ll have access to)
  • Where you go out, how often, and who you will see (including planning social activities)
  • What you should eat and when (including arranging additional home help or ‘meals on wheels’)

What If You Don’t Have Power of Attorney For Health and Welfare

A power of attorney health and welfare is equally important. For example, they are really important if you or a loved one starts to live with dementia.

Without lasting powers, professionals can make decisions regarding the type of care you receive, where you receive it and what medications and treatments you’ll get without your or your family’s explicit direction if you lose the capacity to make your own decisions.

Although you and your family or loved ones will be consulted by medical staff and the doctor or doctors caring for you, the final say concerning any health and welfare decisions will rest with the professionals.

Often, property and financial affairs and health and welfare go hand in hand so a power of attorney UK with jurisdiction to decide on your care who also has access to your finances will easily be able to provide and arrange the care you need.

Without one or the other attorney power, it may be more difficult.

This is why it is especially important to ensure that your power of attorney arrangement fully covers you. You can also restrict the types of decisions your attorneys have the ability to make.

You can read more about lasting powers of attorney in our detailed guide.

Power of Attorney vs Living Will

Depending on your unique situation and choices, you should decide if you want a Power of Attorney or a Living Will. A living will specifies your healthcare preferences, whereas a power of attorney gives someone the ability to handle your financial and legal concerns. Both documents have significant functions.

It is recommended to speak with local solicitors for wills when determining the cost of creating a will. The price can vary based on elements including the complexity of your estate and the solicitor’s experience.

For individuals with straightforward affairs, a simple will may be sufficient. To ensure your wishes are properly documented, seeking professional assistance from a solicitor is generally considered the best way to make a will.

They may offer legal advice, precisely draft the document, and make sure it complies with the rules and laws in your country.

In the end, it is advised to speak with a lawyer to examine your particular requirements and decide whether a Power of Attorney, a Living Will, or both are suitable for your circumstances.

Cost of Power of Attorney in Scotland?

In Scotland, the cost of a Power of Attorney can vary depending on the type and complexity of the document.

Generally, you will find that most Powers of Attorney will cost between £70-£300 to register. However, if you require specialist legal advice or additional documents to be prepared, then the costs could be higher.

The registration fee for an ordinary Power of Attorney in Scotland is normally £68, but if the document includes additional powers, an extra fee of £20 may be charged. The registration process should take approximately 10-14 days from submitting the application. However, this is subject to change so you should always check with this figure remans accurate.

It’s also important to note that Powers of Attorney aren’t always necessary in Scotland. If you’re looking after someone else’s affairs, then you might be able to do so without a Power of Attorney. You should always seek legal advice before making any decisions about this process.

The cost of a continuing or welfare Power of Attorney in Scotland can also vary, depending on the complexity of the document and instructions and the particular fee for Lasting Power of Attorney.

These types of Powers usually come with additional registration costs, and these can range from £100 to £400. It’s important to note that you may have to pay a solicitor for additional advice and assistance, depending on the nature of your instructions.

Finally, it’s worth noting that there are also fees involved if you want to register a Power of Attorney in Scotland but live outside of Scotland. In this case, you may have to pay a solicitor and an additional fee for registering the Power of Attorney outside of Scotland.

How to Change The Power of Attorney

You can change the power of attorney – but only if you or your relative has the mental capacity to do so.

If you wish to change your Lasting Power of Attorney arrangements (to appoint a new attorney or change their responsibilities) you are required to submit changes via your solicitor or through what is known as a ‘Partial Deed of Revocation’ to remove a single person and/or replace them with a new attorney.

If you choose to do this because of misconduct or a breakdown in your relationship related to malicious, suspicious or deceitful conduct you can make a complaint via the Office of the Public Guardian’s safeguarding unit.

If you wish to end or change power of attorney, you will need to send what is known as a ‘ Deed of Revocation ’ to the Office of the Public Guardian. This is something you can do yourself, but it will need to be witnessed and signed. There may also be a cost of power of attorney if a change is made.

No changes can be made if there has been a significant deterioration in the condition of the person the Lasting Power of Attorney protects – which is why it’s so important to ensure that the documentation fully covers you from the start.

What Does Martin Lewis Say About Power of Attorney

The importance of setting up a Power of Attorney (PoA) has been highlighted by Martin Lewis, the founder of MoneySavingExpert.com, with an emphasis on the unpredictability of life’s events such as illness, accidents, or sudden mental incapacity, which can occur at any age.

Martin Lewis has said that establishing a PoA is a crucial aspect of financial planning, ensuring that, should you become incapable of making decisions for yourself, a trusted individual is legally empowered to act on your behalf.

Many often mistakenly believe that next of kin automatically acquire the right to manage a family member’s affairs in times of incapacity, a misconception Lewis seeks to correct.

He points out that, without a legally binding PoA, spouses may encounter significant challenges in accessing or managing each other’s finances. 

Consequently, the early setup of a PoA, well before it might be needed, is recommended to avoid unnecessary stress and financial strain on family members.

Regarding the types of PoA available to people, such as Health and Welfare Lasting Power of Attorney and Property and Financial Affairs Lasting Power of Attorney in the UK, Martin Lewis suggests considering both types to ensure comprehensive coverage of your affairs, as well as protection for your loved one’s.

Our Final Thoughts

Understanding the costs and processes associated with Power of Attorney in the UK can be complex, but understanding these aspects is crucial for ensuring your affairs are handled according to your wishes, especially in cases of mental incapacity.

Based on our analysis, we recommend that you do the following:

Consider the Complexity of Your Needs

The cost of setting up a POA can vary significantly based on the complexity of your requirements and the need for both financial and health and welfare POAs. Reflect on your specific situation to understand which types of POA you need.

Explore Cost-saving Measures

Look into eligibility for fee reductions or exemptions, bundle legal services where possible, and compare quotes from various solicitors or POA specialists to manage costs effectively.

Consult with Professionals

Given the significant legal and financial implications, consulting with a solicitor or a POA specialist is advisable to ensure your POA is set up correctly and in line with current legal standards.

Act Proactively

Setting up a POA before it’s urgently needed allows for thorough planning and consideration, helping to avoid rushed decisions and potentially higher costs.

Stay Informed

Regulations and fees associated with POAs can change. Stay informed about current guidelines and costs to make knowledgeable decisions about your POA arrangements.

By taking these steps, you can confidently establish a Power of Attorney, ensuring that your future welfare and financial affairs are managed according to your preferences in a cost-effective manner.

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Frequently Asked Questions

What is the ordinary power of attorney cost?

Firstly, the application fees are £82 per power of attorney. In addition, there are the professional advisor costs, which start at around £400 if you use a solicitor or from £250 if you use a power of attorney specialist. It is advisable to always get a quote before you proceed.

How to reduce your power of attorney costs

There are concessions and exemptions to some powers of attorney expenses available – for example those in receipt of Income Support, Housing Benefit, Jobseeker’s Allowance or work-related Disability Benefit payments.

What a power of attorney in the UK covers

A power of attorney in the UK is a legal document that enables a nominated party (usually a family member) to make decisions and act on a person’s behalf as a public guardian should they lack mental capacity at any time.

This guidance sets out what you can do in England, Wales and Northern Ireland.  Scotland has its own rules.

In essence, if your mental capacity deteriorates and you can’t manage your affairs then you can nominate someone else to do so on your behalf.

To find out whether you are eligible for a reduction or exemption from the power of attorney cost, you can speak to the Office of the Public Guardian (OPG) for individual advice. They can also support you with the registration process. Any power of attorney must be registered with them.

What makes the power of attorney valid

A power of attorney in the UK is only valid if the person consenting still holds the mental capacity to do so, and when they have not been pressured in any way.

It’s important to note that being a spouse or blood-related family member does not entitle you to make decisions on behalf of your relative and manage their affairs.

You will need a lasting power of attorney in place to have the authority to make decisions for and deal with your people.

The certificate provider will also need to sign the power of attorney after you and once they are sure you have understood what is happening.  The certificate providers role is to act in your best interests.  

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