Lasting Power of Attorney

Delivered by Netlawman and Brook Worthy Law

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document which lets you appoint someone (or multiple people) who you trust to act on your behalf in different areas of your life. It’s a vital document because it means that should something happen to you, and you’re unable to make decisions for yourself, there will be someone who can make them for you in a safe and fair way, keeping your best interests at heart.


Why is a Lasting Power of Attorney important?

A Power of Attorney is especially important for people with dementia because it’s highly likely that someone with the condition will eventually lose the ability to make decisions for themselves. Although the time it takes to reach this point will vary from person to person, unless something happens to them (for example another health problem), we know that they will lose their capacity to make decisions, making it a vital document to set up.

But you don’t need to be diagnosed to use the service, it is open to anyone who wants to use it. In reality most people start out researching on behalf of parents that they are worried about or a spouse. But the fact is, every adult should be putting one in place. Plan ahead and ensure your close family or friends can help you if they need to.

Download our free LPA e-book to learn more about why a Lasting Power of Attorney is important for us all


What are the two types of LPA?

In England and Wales there are two types of LPA. One covering your financial affairs and the other covering health and welfare. A free Letter of Wishes is also available as part of the service, which goes into more detail on what you’d like carried out.

LPA for Property & Financial Affairs
As the name suggests this type of LPA gives someone the authority to manage your property and money. This could include accessing bank or building society accounts, paying bills, collecting pensions or benefits and even selling your home.

LPA for Health & Welfare
This LPA allows you to appoint someone to make decisions on your medical care, welfare, using care homes and your daily routine.


What happens if I don’t have a Lasting Power of Attorney?

If you don’t have a LPA and need to act on behalf of your loved one, you will have to apply to the Court of Protection to become a Deputy, which is a much more complicated and expensive process.

Download our free LPA e-book to learn more about why a Lasting Power of Attorney is important for us all.

Call Brook Worthy Law to discuss our packages on 020 3856 4469.

As seen in

James' Quote

“We’ve worked hard to design a new LPA service that’s as cheap, simple and hassle free as possible, delivered by our expert partners, because we know that’s what you want.”

James Ashwell, Founder Unforgettable

Our Expert Partners

Choose your package

There are a range of services starting from a free questionnaire that will enable you to create an LPA on your own, great value professional checking services which takes the worry out of your submission, and comprehensive consultations including a unique at home Mental Capacity Certification service to offer true peace of mind.

With thousands of incorrect LPA submissions being rejected by the Office of Public Guardian every week and with the average cost of £357** for similar services, our partners packages represent amazing value for money, so why not start today!

Package Bronze
What's included Fast and simple way to create your LPA online for free
How to complete your forms Guided online questionnaire which completes LPA forms for you
Guides Provided
Letters of Wishes
Forms checked and validated by a legal professional
Forms registered for you by a legal professional
Document Storage
Forms completed for you by a legal professional Storage
Mental Capacity Certification
Cost*
Health and Welfare LPA FREE
Financial Affairs LPA FREE
Both LPAs*** FREE
GET STARTED
Package Silver
What's included Get peace of mind that you have completed your online forms correctly
How to complete your forms Guided online questionnaire which completes LPA forms for you
Guides Provided
Letter of Wishes
Forms checked and validated by a legal professional
Forms registered for you by a legal professional
Document Storage
Forms completed for you by a legal professional
Mental Capacity Certification
Cost*
Health and Welfare LPA £89 incl. VAT
Financial Affairs LPA £89 incl. VAT
Both LPAs*** £149 incl. VAT (30% DISCOUNT)
GET STARTED
Package Gold
What's included Let us do all the work for you – professional service that is simple, fast and affordable
How to complete your forms Phone or online consultation for a legal professional to complete your forms for you
Guides Provided
Letter of Wishes
Forms checked and validated by a legal professional
Forms registered for you by a legal professional
Document Storage
Forms completed for you by a legal professional
Mental Capacity Certification
Cost*
Health and Welfare LPA £180 incl. VAT
Financial Affairs LPA £180 incl. VAT
Both LPAs*** £299 incl. VAT (30% DISCOUNT)
GET STARTED
Package Platinum
What's included Specialist home service for those worried about mental capacity
How to complete your forms Appointment in your home with a legal professional to complete your forms for you
Guides Provided
Letter of Wishes
Forms checked and validated by a legal professional
Forms registered for you by a legal professional
Document Storage
Forms completed for you by a legal professional
Mental Capacity Certification
Cost*
Health and Welfare LPA £399 incl. VAT
Financial Affairs LPA £399 incl. VAT
Both LPAs*** £699 incl. VAT (30% DISCOUNT)
GET STARTED

*Cost does not include registration fee. The Office of Public Guardian will charge a fee of £82 to register each LPA.
**Based on a recent survey of 1,000 people across the UK in September 2016
***30% Discount is applied to your second LPA

Free Lasting Power of Attorney eBook

It can be a daunting prospect having to arrange an LPA so we’ve done the hard work for you by creating a helpful guide that should tell you everything you need to know. It cuts through the legal jargon with helpful information and advice on:

  • Why you should get a Lasting Power of Attorney
  • How to fill out and register your forms
  • How to pick your attorneys
  • How to use a Lasting Power of Attorney
  • What is mental capacity

and much more... everything you need to know in one place

Useful Information

A letter is wishes is not a legally binding document. It sits in addition to your Lasting Power of Attorney forms and acts as guidance for those caring for you. It covers all the decisions someone may need to make when caring for you, such aswhere you would like to live, what sort of care you’d like to receive and how you would like your money managed. We have also included dementia specific questions around the use of trackers and anti-psychotic drugs to give additional peace of mind for your attorney that they are caring for you how you would want them too.
The person making a Lasting Power of Attorney (LPA) must have mental capacity when they are signing or the documents will not be valid.

Every LPA requires that someone sign the document to certify that you have mental capacity at the time of making the LPA. This is to ensure the person putting a LPA in place fully understands the nature and effect of the LPA but also so they can’t apply for one without your permission.

There are restrictions as to who can provide this certificate. This needs to either be provided by someone who has known you for well for over two years or by a professional.

Our experts can provide you with a professional certification, should they judge you to have mental capacity. This specialist service is for people worried if mental capacity could be questioned and need certification by a professional to ensure their forms are valid.
There are lots of myths surrounding LPAs some of which we’ve addressed below. The main thing is that getting things sorted now will ensure your family don’t have to apply to the Court of Protection to arrange your financial affairs and care needs.

"My next of kin will do it"
Sadly, not true. Legally, you need an LPA to make decisions on behalf of someone else and if there isn’t one you’ll need to apply to the Court of Protection for a Deputyship which can be a long and expensive process.

"I don't need to do it yet"
Planning ahead for the unexpected or getting started early is always good. With our free tool you can start today and it should only take 30 minutes for your own peace of mind.

"It's too late, as the diagnosis has been made"
It should still be possible; you just need a mental capacity certificate to go with the application and we can arrange that.

"It's too complicated"
We've made it simple with our easy-to-use online questionnaire along with guides and help to support you.

"It's expensive"
It can be but our basic LPA service is free. We then offer a range of professional checking services to ensure everything is correct.
This service is valid for creating and registering a LPA in England and Wales only.
Yes, so long as when you set up and sign the forms for the LPA, you are judged to have full mental capacity and to understand what you are signing. However, in order for this to be the case, you will need to get things moving IMMEDIATELY after you are diagnosed. You can never be too certain how quickly someone’s mental abilities will decline.
Knowing if someone has lost their mental capacity isn’t always easy, as many people with dementia can have ‘good’ and ‘bad’ days and their mental capacity can fluctuate. The law states that someone has lost their mental capacity if they are unable to:

  • - Understand information given to them about a particular decision
  • - Retain that information long enough to be able to make the decision
  • - Weigh up the information available to make the decision
  • - Communicate their decision (through talking, sign language, writing)

However, the Mental Capacity Act also sets out a two-stage test which asks whether the person you’re caring for has an impairment of, or a disturbance in the functioning of, their mind or brain, whether as a result of a condition, illness, or external factors such as alcohol or drug use, and whether that impairment or disturbance means they are unable to make a specific decision when they need to? Individuals can lack capacity to make some decisions but have capacity to make others, so it is vital to consider whether the individual lacks capacity to make the specific decision.

If you are unsure, you can get a professional to assess whether they feel the person with dementia has lost their mental capacity. Brook Worthy Law can visit you in your home and assess whether a loved one has lost their capacity. This is included in their Platinum package.
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