Elderly clients: Lasting Powers of Attorney, Applications to the Court of Protection

What happens when you or someone close to you can no longer manage their own affairs?

What happens if you can no longer make decisions for yourself? Where will you live? How will your money be invested? What will you eat? What will you wear?

If you or someone close to you has an accident or suffers from an illness, someone else may have to make decisions on your behalf. In most cases, the solution is to choose someone you trust to make those decisions for you and appoint them legally by granting a Lasting Power of Attorney.

Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document in which one person, the ‘donor’ gives another person, ‘the attorney’, the power to make certain decisions on their behalf. Before 1 October 2007, this was called an Enduring Power of Attorney (EPA).

There are two types of LPA: one for Financial Decisions, and one for Health and Care Decisions. The donor must have requisite mental capacity at the time of entering into the LPA.

We have extensive experience in acting as Attorney on behalf of clients who wish to appoint a Solicitor to make the decisions on their behalf, or where there are no suitable relatives or friends to assist.

We can also assist you with the following:

  • preparing the LPA application forms (including acting as ‘Certificate Provider’ in most circumstances)
  • the appointment of Attorneys and understanding their duties
  • registration of LPAs and EPAs with the Office of the Public Guardian
  • revoking an LPA or EPA
  • General Powers of Attorneys

Applications to the Court of Protection

For those who lack the requisite mental capacity to deal with their financial affairs, an Application to the Court of Protection (COP) is necessary in order to appoint a suitable relative or friend as ‘Deputy’.

In cases where there are no suitable relatives or friends to assist, we are experienced in acting as Deputy for vulnerable clients in the local Harrow area and also further afield in the UK. We have strong relationships with Medical Professions, care homes and Financial Advisors which enable us to provide a holistic service.

We can assist you with the following:

  • preparing the COP application forms
  • capacity issues (including arranging a medical report, which is required to accompany the application)
  • the appointment of Deputies and their duties
  • disputed Court of Protection applications
  • applications to the COP in respect of the sale of property
  • Statutory Wills
  • Applications for the appointment of a new trustee to sell property

Fixed Fees

We offer a Fixed Fee for the preparation, completion and registration of Lasting Powers of Attorney. For a single LPA our fee is £450 + VAT. For two LPAs, our fee is £750 + VAT. A court fee is also payable at £82 for each application.

The Court of Protection fees are set by the Court on a Fixed Fee basis. The present fixed fee is £950 + VAT for the completion of an application for the appointment of a Deputy and £385 + VAT for the appointment of a new trustee to sell property. The Court fee for each application is £400 (certain concessions can be applied for). In some circumstances where the matter is more complex, we may ask the Court to carry out an assessment of our fees.

Please contact us to find out more or for an informal discussion.

Meet the team: Julia Newland (Partner), Eleanor Dowden (Paralegal)