A Lasting Power of Attorney (LPA) provides wider powers to look after somebody’s affairs. This is a legal document which names the person who will look after someone’s affairs in case of a loss of mental capacity or death. While it replaced the Enduring Power of Attorney (EPA) system, EPAs set up before October 2007 are still valid. LPAs can be used to manage somebody’s finances, including what to do with any investments or to review wills.
If necessary, the power of attorney can be conferred on more than one person. However, an LPA can only be set up while someone still has mental capacity. An LPA comes into effect at a time of the individual’s choosing, or if they have been deemed to have lost their mental capacity. A separate LPA can be drawn up to deal with health and welfare issues, for example medical treatment and care.
A basic LPA costs £82 in England and Wales (£75 in Scotland, and £115 in Northern Ireland). However, if someone is deemed to have lost mental capacity, you must apply to the Court of Protection for permission to act on their behalf. This can cost £400 and take up to six months to complete. Setting up an LPA in advance can therefore save time and money further down the line. To help settle any potential family disputes, Quilter Cheviot recommends using a legal professional to set up an LPA. Legal fees can start from £150.
The first step in sorting out issues such as personal finances and powers of attorney is to discuss them. Initiating these sensitive conversations may not be easy, but any preparations will help to minimise the complications that come with events such as loss of mental capacity.
It is worth remembering that talking about these things may be easier than you think: such issues could be weighing heavily on somebody’s mind anyway, and they might welcome an offer to help with their finances. Helping with research and managing the paperwork may be the best way to expedite the process and go through all the options, with a view to getting the best possible outcome.
How Quilter Cheviot can help you
Dementia is a growing challenge for the UK, and one we have decided to tackle head on at Quilter Cheviot. We now have 19 Dementia Champions across our offices in the UK and Ireland, who act as experts and train other employees across our business.
More widely, we have generations of experience advising and helping families through difficult times. We can work with legal specialists who handle wills and LPAs; or with financial advisers to help you find the most tax-efficient way to pass on your assets to your loved ones. The way we do that will change as society changes, but we are committed to make investing and the decisions around it as simple as possible for you.