Now that you’ve filled out the forms, here’s what you’ll need to do next in order to
register and starting using a LPA.
A Lasting Power of Attorney cannot be used until it is registered with the Office of the Public Guardian (OPG). This can be done by either you (the donor) or one of your attorneys (if they’re acting severally) or all of your attorneys (if they’re acting jointly).
You don’t have to register an LPA straight away, but it’s a good idea to send it off as soon as it’s filled out as that means the OPG can raise any issues with mistakes and they can be corrected while you still have capacity. If you fill out the form and then forget about it for a year, the person you care for may have lost their mental capacity. If there are any mistakes with the form, the LPA will be invalid and you would have to start from scratch and become a deputy through the Court of Protection.
How much does it cost to register a Lasting Power of Attorney?
An LPA costs £82* and you will need to pay this fee for each type of LPA — so £82 for a Finance and Property LPA and £82 for a Health and Welfare LPA. You can pay online through the government website, via credit or debit card (although if you choose this option, you’ll need to leave a contact number and be called so the card details can be taken over the phone) or via cheque. If you decide to set up an LPA through Unforgettable’s LPA service, the registration fees will be in addition to any fees you pay for advice and support during the writing of the LPA.
Exemption and reduced fees
You may be entitled to a reduction or exemption from the LPA fees, and this will depend on your financial circumstances. You’ll need to fill out a specific form and provide evidence of your eligibility.
The donor of the LPA may be eligible for exemption if they receive any of the following benefits:
• Income support
• Income-based Employment and Support allowance
• Income-based Jobseekers Allowance
• Guarantee Credit element of State Pension Credit
• Housing benefit
• Council tax reduction/support
• Local housing allowance
• A combination of Working Tax Credit and at least one of; Child Tax Credit, Disability Element of
Working Tax Credit, Severe Disability Element of Working Tax Credit.
Bear in mind that it is only the donor who can be eligible for reduced fees. If an attorney receives any of these benefits, that won’t have any bearing on eligibility for discounted fees.
Proof that the donor is receiving the above benefits (such as a letter) will need to be sent alongside the other LPA forms.
The following benefits aren’t included in exemption: Disability Living Allowance, Invalidity Benefit, Personal Independent Payment. If you or the person you’re helping to create the LPA for has a gross annual income of £12,000 before tax, they may be eligible for a 50% reduction of the fee. Once again, you’ll need to send proof, such as a P60, three months consecutive wage slips or a self-assessment tax return and calculation.
How to start using a Lasting Power of Attorney
You cannot start using an LPA until it has been registered, however, even once it’s registered, there may still be limitations on when you can use it.
Finance and Property LPA
You can start using this type of LPA as soon as it is registered UNLESS the donor has stipulated in the form that this is not the case. If they haven’t given you permission, you will only be able to use the LPA once the donor has lost mental capacity.
Having your attorney(s) able to use a Finance and Property LPA while you still have mental capacity can be especially useful when you have dementia as you may be confused or unsure about certain financial aspects and want the support of your attorney when making decisions on things like selling your home or investing your money, but still be able to manage a current account or daily living expenses.
Health and Welfare LPA
You can ONLY start using this type of LPA once the person has lost mental capacity. Once the Office of the Public Guardian has received all the paperwork, and waited up to four weeks to see if any of the people notified have any objections, it will start to be processed. The OPG will check that the LPA
• Is legally correct
• Has no errors
If everything is correct and there are no objections, the OPG will register it and post it back, stamping the form to show it’s valid and ready to use. This is the official LPA document.
*Last reviewed April 2017. These prices refer to the cost of LPA in England and Wales.
Need help filling out Lasting Power of Attorney documents? Unforgettable can help! We’ve created an online questionnaire to help you fill out your LPA and cover off any issues related specifically to dementia and the challenges it can present. Click here for more information.
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