Since 1st October 2007 Lasting Powers of Attorney (LPA) have replaced Enduring Powers of Attorney (EPA).
EPAs completed prior to 1st October 2007 are still valid.
Differences between LPAs & EPAs
The essential differences between EPAs and LPAs are that EPAs are limited to property and financial affairs. LPAs can authorise the attorney(s) to make decisions in respect of welfare matters as well as financial matters. Welfare LPAs can only be used once a donor has lost capacity and must be registered with the Public Guardianship Office. EPAs can be used without being registered. EPAs do not require registration until the donor has become mentally incapable. Both financial and welfare LPAs must be registered before any powers conferred by them can be exercised. Please note that for an LPA the donor's GP may be asked to complete a certificate to confirm the donor has mental capacity. The GP may charge a fee for their time and from experience is usually in the region of £30.00 - £150.00.
Matters for your consideration
It is useful for an attorney to be given appropriate powers to act for a donor in respect of their financial and/ or personal welfare in the event that they have become unable to act or mentally incapable. An attorney(s) can be given power to deal with all personal welfare matters or specified matters concerning the donor's personal welfare. Equally an attorney(s) can be given full power to deal with all property and affairs or specified matters concerning the donor's property and affairs.
As a donor it is important that you choose a trustworthy and capable person or persons to act as your attorney(s). It may be sensible to use the executor(s) that you have chosen to act in your Will.
What can I do if someone has already lost capacity?
If an individual loses capacity and has not signed an EPA or LPA then you can apply for Deputyship (to appoint a Deputy). This application is made to the Court of Protection and must be made by a suitable person who is capable to deal with that individual's property and financial affairs and or welfare. For example, a suitable person may be a spouse, civil partner or alternatively a person appointed by the Court or professional person such as a Solicitor. This application is lengthy and the Court can take up to 6 months to prepare the final Court Order. The Order can be used by the Deputy to deal with the individual's financial affairs or welfare.
Our Costs
We charge £300.00 plus VAT of £60.00 being a total of £360.00 to register an EPA, £325.00 plus VAT of £65.00 being a total of £390.00 to register an LPA and £825.00 plus VAT of £165.00 being a total of £990.00 to make a Deputyship application. Court fees will be incurred in addition to our fees. At present the fee for registration of an EPA is £82, registration of an LPA £82, and application for Deputyship £385. These costs and fees are per application
Please contact this office and ask to speak to Ben Darby or Stephanie Sutherland if you would like any further information about EPAs, LPAs or Deputyship applications.
Telephone: 01803 313656 or email ben@darbylaw.co.uk
