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https://ukcareguide.co.uk/power-of-attorney-costs/

This article was last updated on 1 August 2020.  

Power of Attorney Cost and Fees in the UK in 2020 – A definitive guide including finding a solicitor

When it comes to finding out about lasting power of attorney costs and actually setting one up, it can get very confusing!  In essence, a power of attorney allows someone to make decisions on your behalf, particularly if you lose mental capacity.

Lasting power of attorney, often referred to as a power of attorney or LPA, is an important legal issue that is often discussed with a loved one during the later stages of the progression of illness or age-related incapacitation.

Note these replaced enduring power of attorney in October 2007.

The key topics in this guidance article will help explain it all to you in a very straightforward way. This guidance applies to England and Wales.

Topics that you will find covered on this page

In this guide you will find:

  • POWER OF ATTORNEY COST– we break down what the costs involved are
  • TOP 16 ISSUES REGARDING A LASTING POWER OF ATTORNEY ANSWERED – the answers to the top 15 questions you are likely to have
  • GUIDANCE ON WHAT A LASTING POWER OF ATTORNEY IS – what a lasting power of attorney is and how it works
  • THE DIFFERENT TYPES OF POWER’S OF ATTORNEY – the different types of power of attorneys you need to consider – this is VERY important
  • SETTING UP A POWER OF ATTORNEY – how not getting it in place, early on, will impact you or a loved one
  • ADVISORS WHO CAN HELP SET ONE UP FOR YOU – we have an independent directory of professionals who can help you

Lasting Power of Attorney, often referred to as Power of Attorney or LPA, is an important legal issue which is often discussed with a loved one during the later stages of the progression of illness or age-related incapacitation.

1 – 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.

a) – Lasting power of attorney cost

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. Therefore, to organise it to cover both you’d need to pay £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 all are 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.

b) – Solicitors charges for power of attorney

The charges for Power Attorneys solicitors will increase when you use a solicitor. Typically, these can start at £400 but, depending on the complexity of your needs, can go up to £1,000. 

Often, the first conversation you have with a solicitor is free. 

We recommend that you seek the advice of a solicitor as they can ensure that the document is created accurately with no ambiguity. This is important when the power of attorney is actioned.

c) – Professional charges for power of attorney

As with solicitors, you can use an organisation whose role is in creating the power of attorney. The costs usually start around £250 and can go up to £1,000 for particularly complex cases.

lasting power of attorney cost

"Power of Attorney costs are split into two parts. Firstly there are the application fees which is £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."

2 – How to reduce your costs

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 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.

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 to also 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 at the same time, 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.

power of attorney

3 – Create your Power of Attorney sooner rather than later

The most important thing about creating a Power of Attorney is that it is addressed sooner rather than later, especially if you or a loved one are elderly or have been diagnosed with dementia or other mental illness.

This is because a Power of Attorney can only be applied for if your relative is deemed to have the mental capacity.

4 – Create your Power of Attorney sooner rather than later

The most important thing about creating a Power of Attorney is that it is addressed sooner rather than later, especially if you or a loved one are elderly or have been diagnosed with dementia or other mental illness.

This is because a Power of Attorney can only be applied for if your relative is deemed to have the mental capacity. 

5 – Mental capacity is a complex issue

People can have the ability to make some decisions but not others, and capacity can vary from day to day or throughout the day. 

Everyone who is over 16 years old in the United Kingdom is presumed to have the legal mental capacity and faculties to make decisions for themselves unless a legal decision is made that they do not.

If you do not have the capacity to make your own decisions and need help – you may have mobility issues, hearing problems, you may have experienced strokes and require healthcare carers – the law can protect you and guide a relative or friend.

6 – What a power of attorney in the UK in 2020 covers

A power of attorney in the UK in 2020 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.

7 – 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.  

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.

7 – How to get power of attorney and the power of attorney form

We strongly advise you to seek the legal advice of a professional when it comes to setting up a Power of Attorney as they can ensure all the right documents are completed. 

This will ensure it is all done correctly and that no mistakes are made. Any mistakes now could have significant consequences later down the line.

Book an appointment to speak to a Power of Attorney specialist

 


7a – Where can I find a Lasting Power of Attorney solicitor or professional

We have built a directory of independent power of attorney solicitors and specialists that can help support you in setting one up.  They can also provide any legal advice that is necessary,

You can find our directory of lasting power of attorney professionals here

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.

8 – 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.

9 – 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:

9a – 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.

9b – What if I 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.

9c – 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’)

9d – What if I don’t have it 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 you 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.

Here is a video that explains all you need to know about a health power of attorney.

 

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.

cost of power of attorney

10 – What happens if I don’t secure 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.

It is essential that you 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.  

Here is a video that explains how a property trust works.

11 – Have you left things too late?

If you feel it may be too late to put a Lasting power of attorney agreement in place, there are other options available.

Although it offers significantly less control over an individual’s affairs and incurs an annual cost, family members and friends who wish to act on behalf of their kin can apply to be appointed as their Deputy via The Court of Protection. 

There is no guarantee that Deputyship will be granted – and the fee for Deputyship can run into thousands of pounds per year.  But all deputies do have an important role to play.

Here is a short video that explains how the Court of Protection Works.

12 – Creating your own Powers of Attorney

Although ‘DIY’ kits are available online, it is best to invest in the assistance of a specialist solicitor or advisor when looking at how to get a power of attorney agreement.

It is so easy to miss something and get it wrong, which means that your DIY approach will be invalid. For the sake of a few hundred pounds, it is not worth the risk of getting it wrong as that will cost you thousands of pounds.

This ensures that it is legally binding and has been done in the best possible way, taking into consideration your individual requirements and financial affairs.

Lasting power of attorney costs are incurred, especially when a solicitor or advisor is involved in its implementation. However, we can say strongly enough, that this will be money well spent.

13 – Where to register for 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.

14 – How to speak to loved ones about this topic

This can prove tricky for some, especially when their relatives are defensive and misunderstand the true aim of a lasting power of attorney agreement.

The real purpose, contrary to popular belief, is to protect the assets and affairs of the person and allow them to make decisions for themselves for as long as is possible.

Unfortunately, misconceptions mean that many still believe that it allows people to unreasonably control their lives and finances, even without their express permission.

This is not the case, so it’s important to stress this and use government publications and easy to understand resources when explaining why you feel it is in your loved one’s best interests.

It’s also advisable to pick your time and setting and broach the subject sensitively. Remember that this concerns your loved one’s future, and it can be upsetting and frightening to discuss impending mental incapacity or a diagnosis which they haven’t fully come to terms with yet.

15 – 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.

16 – What have I forgotten about?

We strongly recommend that you also look at making a will at the same time as creating your lasting power of attorney.  Again, this is an issue that should be addressed early on, before you lose mental capacity. 

17 – Where to go if you still need more information

If you require more guidance or have any questions on a lasting power of attorney, law, cost and rates, are unsure whether it is appropriate, or would like to know if you are eligible, you can firstly speak with your GP or social worker.

They will be able to give an indication of whether you or your relative is mentally well enough for a power of attorney agreement.

You can seek support from charities such as Age UK and your local Citizen’s Advice Bureau, who will be able to provide additional details of the agreement along with a list of organisations and solicitors who can help.

For further help and advice regarding the legal and financial implications of old age or ill health please take a look at our related articles and dedicated information pages on this site.

Would you like some help setting up a Power of Attorney?

You can either book an appointment using the calendar, leave your contact details or call Co-op directly on 0800 0294 591

Book an appointment with a Power of Attorney specialist

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Would you like some help setting up a power of attorney and want to learn more about the different types?

We work with with Co-op Legal Services for them to bring you their market leading power of attorney support. Through a free consultation they can help you decide which one’s you need/ 

If you would like some help, please leave your details below and someone will be in touch.

Or you can call Co-op directly on 0800 0294 591

Meet the author

Rob Atherton

Rob Atherton

Rob writes and edits the content produced by the rest of the team. He has a degree in History from Leeds University and has producing, reviewing and editing the site since 2016

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