Court of Protection
This is to advise you that legislation has now been passed reducing the registration fee for lasting powers of attorney (LPA) and enduring powers of attorney (EPA) from £110 to £82, with the fee for resubmission reducing from £55 to £41.
The new fee becomes effective on 1 April 2017.
This change doesn't affect current remissions and exemptions scheme for those who can't afford the full fee.
How does this affect applications?
- LPA/EPA applications paid for from 1 April 2017 onwards will be charged £82.
- For those who recently submitted an LPA/EPA application with a payment of £110 that's paid for after 1 April 2017, the difference will be refunded to the individual who made the payment.
- For those who applied through a third party such as a solicitor, the solicitor will be notified and the payment will be returned to the person who paid the original registration fee. The money will go directly into that person's bank account
What is a Power of Attorney
A Power of Attorney is a legal document that allows a named person, or people (the "Attorney") to make decisions, usually financial, on behalf of another (the "donor").( + expand info )
- What types of Power of Attorney forms do you sell?
- Since October 2007, the Lasting Power Attorney (LPA) has replaced the Enduring Power of Attorney (EPA). However any EPAs that were set up prior to this date are still valid. Prior to 1st July 2015 when the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 came into force, the forms to be used to create a lasting power of attorney were LPA114 - Lasting Power of Attorney for Health and Welfare and LPA117 - Lasting Power of Attorney - Lasting Power of Attorney - Property and Financial Affairs, together with all the necessary continuation sheets and declaration sheets. Although these forms can continue to be used until the 1st January 2016, the new forms to be used are LP1H - Lasting Power of Attorney for Health and Welfare and LP1F - Lasting Power of Attorney for Property and Financial Affairs, together with all the necessary continuation sheets and declaration sheets. To register a LPA the forms to be used are LPA001 - Notice of intention to apply for registration of a Lasting Power of Attorney and LPA002 - Application to Register a Power of Attorney plus all the associated forms. To register an EPA use form . EP2PG - Application for Registration of an Enduring Power of Attorney. In additional we also supply CON36 - Power of Attorney (General).
There are 2 types of Power of Attorney: Lasting Power of Attorney (LPA) and general or ordinary Power of Attorney. Enduring Power of Attorney's were discontinued in October 2007.( + expand info )
- What is a Lasting Power of Attorney?
- A lasting power of attorney is a legal document that gives a person, or people (the "Attorney") permission to deal with another's (the "donor") financial and personal welfare affairs after the donor has lost the mental capacity to do so. This must be drawn up whilst the donor still has mental capacity. There are two types of LPAs: LP1H - Lasting Power of Attorney for Health and Welfare which gives the attorney the authority to make decisions about the donor's personal welfare and healthcare, and LP1F - Lasting Power of Attorney for Property and Financial Affairs which gives the attorney the authority to make decisions about the donor's financial affairs.
- What is an ordinary of general Power of Attorney?
- A General Power of Attorney (CON36) is a legal document which allows the named person or people (the "Attorney") to deal with the financial affairs of a person (the "donor"), if they need someone to act for them for a temporary period, i.e. while they are on holiday or in hospital.
- Is my Enduring Power of Attorney still valid?
- An Enduring Power of Attorney (EPA) is a document appointing a person (an "Attorney") to manage the property and financial affairs of another person (the "Donor"). If the EPA was set up before 1 October 2007, then it is still valid, except in certain circumstances. An EPA can be in use but not registered, unlike an LPA which must be registered before use. However, should the donor become unable to make their own decisions relating to financial and property matters, the EPA must be registered before the attorney can take any further action on their behalf. It is the responsibility of the attorney to register the EPA with the Office of the Public Guardian (EP2PG). If someone has already made an EPA and still has capacity, they can either replace it with LP1F - Lasting Power of Attorney for Property and Financial Affairs or can keep the existing EPA. An EPA only covers decisions about property and financial affairs, and not decisions about health and welfare. It is advisable to complete LP1H - Lasting Power of Attorney for Health and Welfare to work alongside an existing EPA.
The Office of the Public Guardian is responsible under the Mental Capacity Act 2005 for the registration, supervising, maintenance of the register, investigating complaints and general advice regardings LPAs and EPAs.( + expand info )
- Do I have to register my Power of Attorney?
- LPAs needs to be registered with the Office of the Public Guardian. An EPA that was in operation before October 2007 must be registered once the donor has lost capacity. General Power of Attorneys do not need to be registered.
- What form do I need to register my Lasting Power of Attorney?
- To register the LPA the person who is making the application must firstly, inform each of the people to be told (if there are any) of their intention to register the LPA (LPA001) then they will need to complete and file form LPA002 – Application to Register a Power of Attorney.