A Lasting Power of Attorney is a document in which you give one or more people the power either to manage your financial affairs on your behalf (a Property and Affairs Lasting Power of Attorney) or to make health and welfare decisions for you if you are no longer able to do so yourself (a Welfare Lasting Power of Attorney).

Why would I need a Lasting Power of Attorney?

It is a sensible idea for any adult with assets to make provision in case they cannot manage their own affairs. It could be that a Lasting Power of Attorney is the most effective way of achieving what you want or there may be other options; we can advise you on this. If you have an illness which may get worse it becomes particularly important to have a Lasting Power of Attorney or some other provision in place in case you become either mentally or physically incapable of managing your finances or making health and/or welfare decisions.

Can I limit what my Attorney can do on my behalf?

Yes. You can include restrictions in the document or provide that it only gives your attorney authority to do certain things or handle certain assets. You should speak to us about your requirements and we can draft the document to take these into account. Under a Property and Affairs Lasting Power of Attorney the attorney can act as soon as the document has been formally registered with the Court of Protection, unless you put in a restriction saying otherwise. Under a Welfare Lasting Power of Attorney the attorney will not be able to act unless you are incapable of acting yourself.

Will my Attorney be able to act straight away?

Under a Property and Affairs Lasting Power of Attorney the attorney can act as soon as the document has been formally registered with the Court of Protection, unless you put in a restriction saying otherwise. Under a Welfare Lasting Power of Attorney the attorney will not be able to act unless you are incapable of acting yourself.

Will I still be able to manage my financial affairs after I have appointed a Property and Affairs Attorney?

Yes, whilst you still have mental capacity you can do everything you could have done before you signed the document and hence can retain control of your own finances.

Can I ‘cancel’ a Lasting Power of Attorney?

As long as you have mental capacity you can revoke the Lasting Power of Attorney. This does not mean that you have ‘cancelled’ anything the attorney(s) has done for you whilst acting under the Lasting Power of Attorney.

Is there anything financial that my Attorney(S) will not be able to do on my behalf under a property and affairs Lasting Power of Attorney?

Yes. Your attorney(s) will not generally be able to act as trustee of any Trust for you. They also have very limited powers to make gifts on your behalf. They can sell your house but in some limited circumstances where your house is jointly owned this may not be possible without your signature.

What happens if I die, will my Attorney be able to sort out my estate?

No, the Power of Attorney ceases on your death and administration of your estate passes to the executors of your Will or the people who are appointed Administrators of your estate if you die intestate, i.e. without a valid Will.

Costs

The Department is headed by John Gill who has been qualified as a Solicitor for 38 years and has been with Heptonstalls since February 2001 John focuses primarily on Probates and prides himself on providing an efficient, excellent and personal service for all clients.  His hourly rate is £200.00 plus VAT (£40.00).

Julie Kong has been a Solicitor since October 2008 and has been with Heptonstalls since June 2017.  Julie’s specialism is Personal Injury Trusts and Deputyship work, she acts for a number of clients where she is responsible, working alongside financial advisers, in some cases who have funds of several million pounds.  Her hourly rate is £185.00 plus VAT (£37.00).

Clare Railton qualified as a Solicitor in July 2004 and joined Heptonstalls in October 2014.  She works in both our Goole and our Pontefract offices predominantly dealing with Wills, Powers of Attorney and Probates.  Her hourly rate is £190.00 plus VAT (£38.00).

Laura Kiddy has been with the firm since October 2013 and her specialism is Wills and Powers of Attorney.  Her hourly rate is £111.00 plus VAT (£22.20).

The other members of the Department are supervised by John Gill.  John Gill is supervised by the Head of the Private Client & Commercial Department, Shaun Pinchbeck.

The Department’s costs for their work done on a fixed fee is as follows:

Lasting Power of Attorney

Single LPA – £395.00 plus VAT = £474.00
Plus the registration fee which is the sum of £556.00

Couple LPA – £695.00 plus VAT = £834.00
Plus the registration free which is the sum of £998.00

Couple all 4 LPA’s – £1,100.00 plus VAT = £1320.00
Plus the registration fee which is the sum of £1,648.00

Enduring Power of Attorneys

If someone already has an Enduring Power of Attorney and you wish us to register it with the Office of the Public Guardian (OPG) the fees are:

EPA registration – £350.00 plus VAT = £420.00

Office of the Public Guardian registration fee – £82.00 per form

Will and Lasting Powers of Attorney Packages

Will Amendment & LPA – £420.00 plus VAT = £504.00
Plus the registration fee which is the sum of £586.00

Will and LPA  –  £475.00 plus VAT = £570.00
Plus the registration fee which is the sum of £652.00

Will Amendment (single) and two LPA’s – £700.00 plus VAT = £840.00
Plus the registration fee which is the sum of £1,004.00

Will (single) and two LPA’s –  £750.00 plus VAT = £900.00
Plus the registration free which is the sum of £1,064.00

Wills (couple) and two LPA’s –  £850.00 plus VAT = £1020.00
Plus the registration fee which is the sum of £1,184.00

Wills (couple) and four LPA’s – £1,200.00 plus VAT = £1440.00
Plus the registration fee which is the sum of £1,768.00

Wills (couple) with Life Interest & two LPA’s – £995.00 plus VAT = £1194.00
Plus the registration fee which is the sum of £1,358.00

Wills (couple) with Life Interest & four LPA’s – £1,300.00 plus VAT = £1560.00
Plus the registration fee which is the sum of £1,888.00

Additional LPA’s per LPA Certified – £25.00 plus VAT = £30.00