Lasting Power of Attorney Solicitors in Cheshire

A Lasting Power of Attorney (LPA) is for individuals or couples of all ages who are concerned over failing health, planning for the future or need help managing their affairs. A couple will often wish to make “mirror” LPAs which reflect one another.

An LPA can help you to plan how your health, wellbeing and financial affairs will be looked after. It allows you to plan in advance:

  • The decisions you want to be made on your behalf if you lose capacity or fall ill and become incapable of making them yourself
  • The people you want to make these decisions
  • How you want the people to make these decisions.

Having an LPA is a safe way of maintaining control of decisions made for you. It allows you to appoint someone to make decisions and sign documents on your behalf in some circumstances. LPAs differ from normal Powers of Attorney which become invalid when you lose capacity – an LPA will remain in force.

LPAs are formal legal documents subject to complex technical requirements.

There are two types of LPA, which cannot be combined into one document.

Property and Financial Affairs LPAs – appoint an Attorney to manage your property and finances, including running your bank accounts and dealing with your home (but not normally making gifts, or drawing-up your Will). You have the choice to specify in your LPA, made now, that your Property and Financial Affairs Attorney may act either only after you lose capacity, or straight away (perhaps for convenience).

Health and Welfare LPAs appoint an Attorney to make decisions regarding your personal healthcare and welfare, including where you live, who visits you, the type of care you receive, and decisions regarding medical treatment. Your Health and Welfare Attorney may only ever act after you lack capacity – never before then. However, your attorney can offer support and accompany you to medical appointments, if required.

Once your LPA has been completed by being signed by you, the Certificate Provider and your Attorneys, you have the choice either:

  • To register with the Office of the Public Guardian (OPG) straight away, so the LPA can be used as soon as it is needed, or
  • To keep the LPA unregistered, “waiting to see” whether the LPA may ever be needed.

We would recommend having the document registered as soon as possible, in readiness for use at a later stage

If you “wait and see” you may save some money now, but if the LPA is needed suddenly it might not be available until after the subsequent registration of it is completed, which would take time that may not be available in some circumstances. It is common to register the LPA, to ensure that your needs are met, sooner rather than later.

LPAs replaced Enduring Powers of Attorney (EPAs) from 1 October 2007. If you already have an EPA it can remain valid and effective, but it cannot be changed. If you need to change your EPA then you will have to make an LPA to replace it. Your Attorney under an EPA can only deal with your property and financial affairs – even if you have an EPA you may still wish to make a ‘Health and Welfare’ LPA.

You can cancel an LPA you have made at any time when you still have capacity (including after registration).

How long will appointing a Lasting Power of Attorney take?

The time our work takes to conclude will depend on precisely what we are asked to do, but we would generally expect to have taken your instructions within two days of you having bought this product, and we would normally expect to have produced the finished product within 10 working days of your decision to buy the product.

Special dispatch may be available where necessary (possibly at extra charge in some cases – please ask). Registration of an LPA with the OPG can take 6 – 12 weeks for the OPG to process.

Our work for you will include:

  • Taking your instructions and producing from them a Lasting Power of Attorney document
  • Guiding you through the process of executing it and overseeing completion
  • Checking that the execution appears to be legally compliant
  • Managing completion of the LPAs for attorneys, even if they live remotely
  • If you wish, we can also securely store the original document for you providing you with a copy for your retention at no extra cost
  • Applying to register your LPA with the OPG if you require.

Money Matters

We are SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim

Our work will be charged at a fixed-fee of:

For Registered LPAs (recommended):

For a Single Person:

1 LPA:

  • £348.34 + VAT + £82 OPG Fee = £500 inc VAT for making one LPA for one person, and registering it with OPG [£460 price includes the OPG’s £82 registration fee]

2 LPAs:

  • £680 + VAT + £164.00 OPG Fee = £980.00 inc VAT for making both LPAs for one person, and registering them with OPG [£890 price includes the OPG’s £164 total registration fees]

 

Couples Price

1 LPA each:

  • £680 + VAT + £164 OPG Fee = £980 inc VAT for making one LPA for both people in a couple, and registering them with OPG [£890 price includes the OPG’s £164 total registration fees]

For 2 LPAs each:

  • £1,276.67 + VAT + £328 OPG Fees = £1,860.00 inc VAT for making both LPAs for a couple, and registering them with OPG [£1,690.00 price includes the OPG’s £328 total registration fees]

 

For Unregistered LPAs:

Single person Prices:

One LPA:

  • £200 + VAT = £240.00 inc VAT for making one LPA for one person, without registering it with the OPG

Both LPAs:

  • £350.00 + VAT = £420.00 inc VAT for making both LPAs for one person, without registering them

 

Couples Price

One LPA each:

  • £350 + VAT = £420.00 inc VAT for making one LPA for both people in a couple, without registering them

Both LPAs each:

  • £600 + VAT = £720.00 inc VAT for making both LPAs for a couple without registering themmount

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.

Related Services

Clients might find the following legal links useful.

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Mary Ireland

Head of Estate Planning Section / Director
Head of Bramhall office
Licensed Probate Practitioner
Bramhall, 0161 440 0131
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Alice Higginbottom

Estate Planning Associate
Bramhall, 0161 440 0131
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Michelle Foster

Estate Planning Senior Assistant
Bramhall, 0161 440 0131
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Gill Shaw

Estate Planning Support
Bramhall, 0161 440 0131
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Jo Brown

Estate Planning Support
Bramhall, 0161 440 0131
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India Downes

Estate Planning Support
Bramhall, 0161 440 0131
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Johanna Keane
Johanna Keane
1708553957
Katie Reade provided an excellent service when selling my apartment. She made what was a complicated process much easier with efficiency, excellent communication, knowledge and skills. Highly recommend.
I only have good things to say about Mounteney Solicitors, who I sold my house with. My contact was Anna, she was friendly, got back to me straight away with all correspondence, helped me with questions I had. I found the process to be very smooth, there were no issues for me and I would definitely use again.Thank you to Anna and to the team.
Ramtin Sedghi
Ramtin Sedghi
1706576261
Anna made the sale of my property as quick and straightforward as possible. The whole firm was very transparent from the beginning and always available when I needed them.
notrelevant 2
notrelevant 2
1706574623
I bought a property three years ago and the conveyancing (from a local company I won’t name) was chaotic and always seemed detached and impersonal. What a relief then to receive a five star, professional service from the team at Mounteney in Cheadle for my recent property sale and purchase. I had a single point of contact for my sale -Katie- (loves dogs!) and purchase - Amanda- which made the whole process very smooth and much less stressful than it can be. Both ladies were always available and any queries I had were answered fully and promptly. Highly recommend these folks to anyone looking for a reliable conveyancing service.
Gasan Alabedi
Gasan Alabedi
1706553325
We used Mounteney Cheadle office three times so far and as always we have a smooth and fast process. Anna was very professional, knowledgeable and updated us on timely manner throughout the purchase process. Surely, we will use them again in the future and we highly recommend them as reliable and professional solicitors.
Maureen Doyle
Maureen Doyle
1706537135
I recently sold a property through The Conveyancing department at the Cheadle Office. The staff right from the reception on the first visit were extremely polite ad helpful. Anna, who dealt with the sale for me was excellent. I have used different Solicitors over many years for Conveyancing, and this lady was the best. I would not hesitate to recommend.
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