Wills, Trusts & Estates FAQs in Northampton

We charge a fixed fee for the preparation and registration of Lasting Powers of Attorney (LPA). To prepare and register one LPA we charge £495 plus VAT (one type for one person), for two LPAs we charge £695 plus VAT (both types for one person or one type each for two people) and for four LPAs we charge £995 plus VAT (both types for a couple).

In addition to the above the Office of Public Guardian charge a fee of £82 per LPA however if you are in receipt of certain benefits or your annual income is less than £12,000 then you may be able to apply for an exemption or remission of their fees.

To make a Lasting Power of Attorney (LPA) you need to have the requisite mental capacity. The person who will confirm (certify) that you have the required metal capacity in accordance with the Mental Capacity Act 2005 to make a Lasting Power of Attorney is known as a Certificate provider.

The Certificate provider is an independent person who will certify that you are making the LPA of your own free will, without pressure (‘duress’), that you understand the implication of what you are doing, and that you have mental capacity to do so.

Your certificate provider can be either one of the folllowing:

Independent – someone you know well (independent, not related to you, over 18, and known you for at least 2 years);

Professional – a professional (GP, solicitor, social worker, independent mental capacity advocate (IMCA).

There are restrictions as to who can act as your certificate provider. For example, although not an exhaustive list, it cannot be any of the attorneys, a relative of the donor, a relative of an attorney, a partner of a donor or attorney, an employee of a care home where the donor resides.

Taking on the role of Certificate provider is very important as it provides one of the main safeguards in the Lasting Power of Attorney process.

Lasting Power of Attorney is a document which you can create to appoint someone to make decisions and act for you in case you were to lose your mental capacity to make decisions yourself. There are two types of the LPAs: Property and Financial Affairs and Health and Welfare. LPAs are important because you are in charge of appointing your attorneys and how and when they can make decisions for you. It will allow for a smoother transition of the decision making powers to the attorneys when they are needed the most.

The assets can be protected by the LPA for Property and Financial Affairs. By creating this LPA, you are allowing your attorneys to deal and have access to your assets to ensure that they are looked after. Your attorneys will have powers to obtain property and assets insurances .

Yes, the LPA for Health and Welfare allows your attorneys to make all decisions relating to your health and wellbeing. In your LPA for Health and Welfare, you can decide as to who makes decisions regarding a life sustaining treatment as well as you can include any preferences and instructions to assist your attorneys in making such decisions.

The paperwork to prepare Lasting Power of Attorney can be prepared within a matter of days or hours. Your attorneys will then need to sign the document. The Office of the Public Guardian will then have to process these forms. Currently, the waiting times for the registration to be completed is up to 20 weeks.

Advance healthcare directives can allow you to refuse specific medical treatment (such as resuscitation, surgery or a blood transfusion.) If you no longer have capacity when this treatment is required, the Advanced healthcare directive will act as a refusal of consent, meaning treatment cannot lawfully be given. A Lasting Power of Attorney offers more flexibility and provides your attorney with authority to make decisions on your behalf. It is possible for both an Advance Healthcare directive and a Lasting Power of Attorney to be made, however the timing is crucial to ensure that the two do not conflict, so it is imperative to take specialist advice.

It is recommended that you choose a legal advisor who specialises in dealing with Lasting Powers of Attorney. Using a legal advisor ensures that the LPA is drawn up correctly and is valid.

An attorney can only use the Health and Welfare LPA if the Donor(the person who created the LPA) no longer has capacity to deal with their own affairs. Attorneys are able to assist with decisions such as washing, dressing, what they eat and what care home they reside in. They can also refuse to consent to life sustaining treatment, such as being artificially fed.

Once the LPA has been completed the donor or one of their attorneys needs to apply to the Office of the Public Guardian to register the Lasting Power of Attorney before it can be used. This is done by completing a form and sending it, together with the Power of Attorney itself and the application fee.

When appointing an attorney, you should consider that they will act in your best interests at all times, and following the main principles of the Mental Capacity Act 2005. This means that they should help you make as many decisions as they can, and not just simply take over should they use the power under the LPA. Your attorneys must also be over the age of 18, and have mental capacity. They must also not be bankrupt or subject to a debt relief order. Your attorneys must also comply with any restrictions included in the LPAs.

What are the legal capacity requirements for creating an LPA in Northampton?