Understanding Lasting Powers of Attorney in the UK and Their Registration Costs

Planning for the future means making sure your affairs are handled according to your wishes if you lose the ability to make decisions yourself. In the UK, Lasting Powers of Attorney (LPA) provide a legal way to appoint someone you trust to manage your financial or health matters. This blog post explains what LPAs are, why registering them is essential, and how much it typically costs to set one up with a solicitor.

Legal document titled Lasting Power of Attorney on a desk

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that lets you appoint one or more people (called attorneys) to make decisions on your behalf if you become unable to do so. There are two types of LPAs in the UK:

• Property and Financial Affairs LPA: This allows your attorney to manage your money and property. They can pay bills, collect benefits, sell property, and handle bank accounts.

• Health and Welfare LPA: This covers decisions about your health care, medical treatment, and where you live. It only comes into effect if you lose mental capacity.

  
  

You can choose to create either or both types, depending on your needs.

Why Register an LPA?

Registering your LPA with the Office of the Public Guardian (OPG) is a legal requirement before it can be used. The registration process ensures your document is valid and protects you from fraud or misuse.

Here are key reasons to register your LPA:

• Legal Validity: Without registration, your attorneys cannot act on your behalf.

• Protection: The OPG checks the document for errors and confirms your intentions.

• Peace of Mind: Knowing your affairs will be managed by trusted people if you lose capacity.

• Avoid Court Intervention: Without an LPA, family members may need to apply to the Court of Protection, which is costly and time-consuming.

  
  

The registration process usually takes 8 to 10 weeks, but it can be faster in urgent cases.

How Much Does It Cost to Register an LPA?

The government charges a £82 fee for registering each type of LPA. So, if you create both a Property and Financial Affairs LPA and a Health and Welfare LPA, the total registration fee is £164.

You can apply for a fee reduction or exemption if you receive certain benefits, such as Income Support or Universal Credit.

Solicitor Fees for Setting Up an LPA

Many people choose to use a solicitor to help prepare and register their LPA. Solicitors ensure the document is correctly completed, explain the legal implications, and help avoid mistakes that could delay registration.

Typical solicitor fees for an LPA vary depending on complexity and location but generally fall within these ranges:

• Basic LPA preparation and registration: £300 to £600 per LPA

• More complex cases (e.g., multiple attorneys, trusts, or special instructions): £600 to £1,200 or more

  
  

Some solicitors offer fixed fees, while others charge hourly rates between £150 and £300. It’s important to get a clear quote upfront.

What Does Using a Solicitor Include?

When you hire a solicitor, their services often cover:

• Explaining the differences between the two types of LPAs

• Helping you choose the right attorneys and replacement attorneys

• Drafting the LPA documents tailored to your wishes

• Checking the forms for errors before submission

• Registering the LPA with the Office of the Public Guardian

• Advising on how to use the LPA once registered

  
  

Using a solicitor can reduce the risk of your LPA being rejected or delayed due to mistakes.

Solicitor explaining Lasting Power of Attorney documents to a client

DIY vs. Using a Solicitor

You can complete and register an LPA yourself by downloading the forms from the government website. This option costs only the government registration fee (£82 per LPA) but requires careful attention to detail.

Consider using a solicitor if:

• You want professional advice tailored to your situation

• Your financial affairs are complex

• You want to avoid errors that could delay registration

• You want help choosing the right attorneys and setting restrictions or conditions

  
  

If your situation is straightforward and you feel confident, the DIY route can save money.

Tips for Choosing Attorneys

Choosing the right attorneys is crucial. Here are some tips:

• Pick people you trust to act in your best interests

• Consider appointing more than one attorney to share responsibilities

• Choose replacement attorneys in case your first choices cannot act

• Discuss your wishes with your attorneys beforehand

• Make sure attorneys understand their duties and responsibilities

  
  

What Happens After Registration?

Once your LPA is registered, your attorneys can start acting on your behalf when you lose capacity or immediately if you specify. You should keep the original registered LPA document safe and provide copies to your attorneys, banks, and healthcare providers.

If your circumstances change, you can cancel or replace your LPA by following the correct legal steps.