“The Government should be applauded for reducing the application fee for the registration of a Lasting Power of Attorney (LPA)” notes Craig Ward, author of The Law Society’s own guide on the subject*.
October 1st 2013 will see a reduction in the Court of Protection fee of £20 to £110 which – taken in conjunction with a growing awareness of the benefits an LPA can offer – is a very positive step.
An LPA allows the applicant to choose relatives, professionals or friends to make welfare and financial decisions on their behalf if they should lose capacity to make those decisions in the future.
The Ministry of Justice has said the fee reduction is possible due to changes to the management of the scheme as well as the introduction of new technology and improvements in efficiency. “The Government’s investment in this key area demonstrates how keen ministers are to encourage the use of this invaluable tool” adds Craig. “Sadly, with a growing elderly population, conditions like dementia are on the rise. Without an LPA, once capacity has been lost, it is nigh on impossible to gain access to the finances of your loved one making tasks as simple as paying a gas bill or care home fees extremely difficult. A modest investment now can save a lot of heartache later”.
Nicholls Law would urge all families to thoroughly investigate the benefits of an LPA and seek specialist legal advice early on with the correct drafting of the application.
Read more about our expertise with Powers of Attorney.
* Craig is a member of Solicitors for the Elderly, a CEDR accredited Mediator and author of Lasting Powers of Attorney: A Practical Guide (2nd Edition) 2011, The Law Society. Among other things, he provides specialist advice on elderly and community care law and Court of Protection issues (LPAs, Deputyship and Appointeeship applications).