Around 900,000 people in the UK live with dementia, with this number projected to rise to 1.7 million by 2040 (The Lancet, 2023).

People living with the condition require specialist care and the support of loved ones, but relatives cannot easily access the money to pay for this.

That's why some people in the UK opt for a Lasting Power of Attorney, so trusted relatives or friends can manage their affairs in case they're unable to do so.

In this article, we've covered what a Lasting Power of Attorney is, why it's a good idea to get one, how much it'll cost, and how to make one.

If you're ready to start the process of registering for a Lasting Power of Attorney, we can help you compare prices. Simply fill in a few details about yourself or the person you're applying for in our easy-to-understand form, and we'll get in touch with bespoke quotes.

A Lasting Power of Attorney (LPA) is a document that gives a trusted relative or friend the ability to manage an individual's affairs in the event they can't.

This can be down to illnesses such as dementia, or when someone suffers from a stroke, or really any other illness that limits someone's capacity to make decisions for themselves.

To be clear, an LPA doesn't automatically give the relative or friend complete access to a person's finances. Normally, the LPA will state that the nominee can only gain control once the individual loses mental capacity.

When setting up an LPA, you can specify that control is only given once you've reached a certain decline in your ability to manage your own affairs. Additionally, your representative (known as your attorney) should only ever make a decision for you if you can't make a specific decision when it needs to be made.

When setting up an LPA, you can specify that control is only given once you've reached a certain decline in your ability to manage your own affairs. Additionally, your representative (known as your attorney) should only ever make a decision for you if you can't make a specific decision when it needs to be made.

Yes, you should set up an LPA because if you don't, your loved ones won't be able to easily manage your affairs in case you lose capacity. They'll need to apply through court to become a 'deputy', which is a long, difficult, and expensive process.

It's best to set up an LPA before you lose capacity. This way, your trusted friend or relative can make decisions on your behalf, without the difficulties of a lengthy legal process. In the event you need looking after, having an LPA set up will reduce a lot of the pressures on your loved ones.

LPAs replaced Enduring Power of Attorney (EPA) in 2007, but any EPAS set up before 1 October 2007 will still be valid. This is true even if they haven't been registered, but you'll still need the EPA when the person in question loses capacity. Visit the Government's page on EPAs for more information.

Simply put, the best time to get an LPA is when the person still has the capacity to act. You cannot set up an LPA when the person is unable to make decisions on their own.

Once they reach that stage, the only way to manage their affairs is to become a deputy via a long and potentially invasive court process.

The Government says an LPA takes around 20 weeks to register, so it's important to get the ball rolling sooner rather than later. As soon as the LPA is registered though, your attorney will be able to start making decisions immediately (unless otherwise specified on the application).

Once someone (spouse, relative, or friend) has already lost or has limited mental capacity, they can no longer sanction an LPA. At this point the process becomes more difficult, because it'll require a court process to make decisions on an individual's behalf.

You can do this via the Court of Protection, where it'll take several months to apply for deputyship. This incurs more costs than registering an LPA before an individual has lost mental capacity:

It's always best to avoid this additional hassle and arrange LPA with plenty of time.

Someone might still have capacity, but requires help managing their money. They might find making phone calls or getting to the bank challenging, for example. In this case, a friend or relative will be able to make decisions as an attorney, if chosen with an LPA.

Getting an LPA focusing on property and finance will allow you to specify that it can be used before a loss of capacity, or when a lack of capacity makes dealing with tasks more difficult. In this instance, someone will be able to deal with a relative's affairs while they still have mental capacity.

Setting up an LPA depends on whether you want to hire a solicitor to help you, or to do it yourself. While the DIY approach is entirely possible, we'll always recommend using a solicitor because you want to make sure the LPA covers everything you might need.

If you've decided to create an LPA by yourself, you can apply online on the Government's website. These forms will still need to be printed out and signed once you've filled them in online.

People in Scotland should download the forms from the Scottish government's page, and those in Northern Ireland can do so from the Department of Justice.

Both the person creating the LPA and their trusted relative/s or friend/s must also sign the forms. You can contact the Office of the Public Guardian if you get stuck.

You'll also need a 'certificate provider' to sign the form and confirm that the person creating the LPA understands what it means.
Certificate providers can be someone the person making the LPA has known for at least two years, or a professional with knowledge of the person's situation, such as a solicitor, a doctor, or a social worker.

However, a certificate provider cannot be a family member. This includes spouses, partners, or civil partners and extends to step-children, step-parents, or someone related by marriage.

Your final step is to register the LPA by posting it to the Office of the Public Guardian.
You'll find more information on how to do this here.
It's possible to register the LPA either before or after someone loses capacity, but the person in question must've signed the LPA while they were still mentally capable.
This makes registering an LPA as early as possible a good idea, because it'll give you
more time to correct any errors and make it ready to use if needed in a pinch.

What is the difference between Power of Attorney and Lasting Power of Attorney?

A Power of Attorney is a legal document that gives someone the ability to appoint one or more persons to act on their behalf, typically managing their finances.

A Lasting Power of Attorney, on the other hand, is for when someone has lost capacity and cannot manage their own affairs. It allows one or more persons to make decisions on an individual's behalf, which can be invaluable when someone is suffering from a condition such as dementia.

What is the average cost of Lasting Power of Attorney UK?

A Power of Attorney is a legal document that gives someone the ability to appoint one or more persons to act on their behalf, typically managing their finances.

A Lasting Power of Attorney, on the other hand, is for when someone has lost capacity and cannot manage their own affairs. It allows one or more persons to make decisions on an individual's behalf, which can be invaluable when someone is suffering from a condition such as dementia.

What is the average cost of Lasting Power of Attorney UK?

Registering an LPA costs £82 if you live in England or Wales, unless you qualify for a reduction of exemption. Scotland has a compulsory fee of £85, and if you live in Northern Ireland this rises to £165.

You'll usually factor in solicitor costs too, which can add hundreds to the total cost. That tempts some people to go the DIY route, which is possible, but you're better off hiring a professional who knows exactly what they're doing.

You don't want to find yourself unable to act on behalf of a loved one because an LPA was completed incorrectly.

Can a UK Lasting Power of Attorney be used abroad?

Whether an LPA can be used abroad depends entirely on the country you're trying to use it in, so it's important to double check. Usually though, UK LPAS can be used abroad, you'll just need to complete a few extra steps in order to use them.

Whether an LPA can be used abroad depends entirely on the country you're trying to use it in, so it's important to double check. Usually though, UK LPAS can be used abroad, you'll just need to complete a few extra steps in order to use them.

Getting an LPA will always be the best way to stop loved ones having to go through the stress of applying for deputyship through the courts.

As such, we'll always advise getting an LPA registered while there's still time. So if you're ready to start the process of arranging an LPA, we can help you compare prices. Just enter a few simple details and we'll get in touch with bespoke Lasting Power of Attorney.

LPA

Written by -
Penda Francis | updated on 10 February 2024

Estate Planning & Legal Researcher, Penda has a passion for everything to do with later life planning and estate law and practice.