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You can write the LPA in such a way as to take immediate effect your attorney(s)

can immediately start to make decisions on your behalf even though you are still

capable of making those decisions or you can write it so that no-one can make

decisions on your behalf until you are mentally incapable of making that decision at

that time. You do this by adding a restriction in the box provided.

Safeguards

Some responsible person must provide a certificate to say that you know what you are

doing when you sign the application form.

You put a list of people to be told on the application form. These people have to be

told when someone applies to register the LPA and they can object.

Six weeks of the 13 week delay mentioned earlier is to give people to be told time to

object.

Who is a person who lacks capacity?

Whenever the term a person who lacks capacity is used, it means a person

who lacks capacity to make a particular decision or take a particular action for

themselves at the time the decision or action needs to be taken.

Registration

Once the application is made then it has to be registered either immediately by you or

later by the attorney(s) when you become mentally incapable. If you do wait whoever

is registering the LPA will have to pay the fees and there will be another delay. The

main advantage of immediate registration is to ensure that there are no mistakes to

pop up and haunt your attorney(s) in years to come.

Registration doesnt set things in stone. You can cancel a lasting power of attorney at

any time before or after it is registered as long as you have mental capacity to cancel

it.

The Fees have to be paid on registration that is 120 for each LPA. Remember there

are two types, one for money and property decisions and one for health and caredecisions. So the government gets two fees if you do one of each. The health and care

fee can be avoided see Parts 4 & 5 of this article.

You get a discount on the fees if your annual income is low.

Income Discount

12,000 or less 100% - No fee to pay

12,001 and 13,500 75 per cent

13,501 and 15,000 50 per cent

15,001 to 16,500 25 per cent

16,501 or more 0% - Pay entire fee

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How do I go about it?

The easiest way to make a Lasting Power of Attorney is to pop along to a local

solicitor and get him to help you to do it. You should expect to pay anything between

150 and 1000 depending on the solicitor. Of course you can shop around. The localbranch of Age UK (used to be Age Concern) Ash House Cook Way, Taunton TA2

6BJ 0845 643 4621 may well be able to give you some pointers. Dont be shy about

asking solicitors what they will charge you!

If you are confident with a keyboard there are a couple of companies who will do an

LPA on line. They are not necessarily solicitors but usually will writers. You can find

them by typing Lasting Power of attorney online into Google.

One such firm quotes

Single Lasting Power of Attorney - Property & Financial Affairs' - 34.95

Pair of Lasting Powers of Attorney - Property & Financial Affairs' - 54.95Single Lasting Power of Attorney - Health & Welfare' - 34.95

Pair of Lasting Powers of Attorney - Health & Welfare' - 54.95

Government fees of course are extra and there may be further extras. I just dont

know.

Or you can do it yourself. by going to the Directgov website

http://www.direct.gov.uk/en/index.htm

and putting attorney in the search box and then selecting Making and registering a

Lasting Power of Attorney.

The address for this page is

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/

Mentalcapacityandplanningahead/DG_186373

You can download the forms and the guidance notes and fill in the forms in your own

time. When registering you post the forms to

Office of the Public Guardian:

PO Box 15118

BirminghamB16 6GX

Philip Boyd

Stockland Bristol

First Published in

The Stockland Gatepost

Published Monthly

Publisher: Ray Johnstone-Smith (01278) 652830

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

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Editor: Jon Smailes (01278) 652210

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