Powers of attorney

“It was really good to discuss all the awkward details of wills and powers of attorney with someone who not only had a firm grasp of the minutiae of the subject but also had the thoughtfulness and sensitivity to deal with the subject so eloquently.”
— Client of Wendy Macarthur, June 2023

There are three types of power of attorney:

  • Lasting Powers of Attorney

  • Enduring Powers of Attorney

  • General Powers of Attorney

Lasting Powers of Attorney 

Have you considered who and how decisions would be made for you, if you had an accident or became seriously ill?  This could happen at any stage of your life, and without warning.  Everyday tasks such as managing your accounts, paying bills and maintaining your property would be difficult, as those closest to you cannot simply step in without proper authority.  Decisions may need to be made about your care and treatment, and people you would wish to be involved, may be unable to make important decisions for you.  By making a Lasting Power of Attorney (LPA), you can be sure that the person(s) you trust are able to make decisions for you, in the way you want, when it is needed.

A Lasting Power of Attorney is a legal document which enables you to plan ahead and set out what you would like to happen should you become incapable of making decisions in the future. 

You can appoint one or more ‘attorneys’ who will be able to make decisions on your behalf.  They could be a family member, friend or professional adviser.  He or she must consider your best interests when making a decision on your behalf.

There are two types of LPA:

A property and financial affairs LPA

This gives your attorney the authority to deal with your property and finances, when you choose, and/or if you lack mental capacity.

A health and welfare LPA

This allows your attorney to make health and care decisions on your behalf if you lack mental capacity to do so yourself.  This could include giving or refusing consent to the continuation of life sustaining treatment. 

You can choose to make one or both powers and we can take your through the options available to you and the paperwork involved to make sure that you get it right.

The importance of taking action now

You can only make an LPA whilst you have mental capacity to understand the scope and extent of the power.

It is important to talk with your attorneys, whilst you are able, so that they are aware of your wishes, and know the sort of decisions you would want them to make.

Why use Carreg Law to prepare your LPA?

LPAs are currently prepared by Carys or Wendy, who are both highly experienced in the preparation of these documents. Carys and Wendy are patient, helpful and informative with clients, so that they can ensure that clients understand the LPA process and its consequences. Carys is fluent in Welsh and Wendy is an Associate Member of Solicitors for the Elderly.

The six-stage LPA preparation process with Carreg Law

  1. Book an appointment with us at our office in Llandeilo

    If you are unable to travel to the office, we may be able to visit you at home. 

  2. Attend the appointment

    We will take your instructions on your LPA. There is no charge for this appointment but, if you are happy for us to proceed to prepare your LPA, then we will raise an account for settlement at our next meeting.

  3. We will prepare the necessary documents

    An initial draft of your LPA will be sent to you for consideration, together with our invoice.

  4. Attend a second appointment with us, along with your attorney(s)

    We will explain the documents, check everything is correct and ask both you and your attorney(s) to sign the documents. If your attorney(s) are unable to attend the office, a remote signature can be arranged.

  5. The registration of your LPA (optional but recommended)

    We will start the registration process with the Office of the Public Guardian; it can take up 12 weeks for the documents to be processed. They will be posted back to Carreg Law.

  6. Choose where to store your LPA

    You can collect your LPA from us (or we can post it to you), or you can leave it with Carreg Law for safe storage at no extra charge.  If we retain the original document we will supply you with a certified copy of the LPA.

How much will it cost?

Carreg Law’s fees

For a Property & Financial Affairs LPA or Health & Welfare LPA: £350 plus VAT

For both types of LPA: £560 plus VAT 

There is also a postage fee of £6.50 plus VAT, as we send all Lasting Power of Attorney applications to the Office of the Public Guardian by secure post for your peace of mind.

Disbursements

Office of the Public Guardian registration fee - the fee payable for registering each Lasting Power of Attorney is currently £82. You do not have to register the document immediately, but we strongly recommend that you do.  In certain circumstances you may be eligible for a reduction in the registration fees and we will discuss this with you at our meeting. 

10% discount on our LPA fees when combined with a will

A will is as vital as an LPA. If you would like Carreg Law to prepare your LPA and will at the same time, we offer a 10% discount on our fees for your LPA. Find out more about our will preparation service.

Existing Enduring Powers of Attorney

If you made an Enduring Power of Attorney (EPA) before 1 October 2007, it can still be used in respect of your property and financial affairs.  You may wish to consider making a health and welfare LPA, to cover care and treatment decisions.

An EPA is only registered when an Attorney believes that the Donor is becoming or has become mentally incapable of handling his or her own affairs.  It is the Attorney’s responsibility to ensure that this is carried out and Carreg Law would be pleased to assist with the registration process on your behalf.

General Power of Attorney

A General Power of Attorney, (sometimes referred to as an Ordinary Power of Attorney), can be used to cover a variety of circumstances and decisions about financial affairs or other matters such as business interests. They can also be time limited or limited to a certain asset or interest. 

A General Power of Attorney is, however, only valid whilst you have mental capacity.  For this reason, they are usually only suitable if you need cover at short notice for a temporary period.  A General Power of Attorney does not need to be registered and is effective as soon as it has been executed. 

If you would like to discuss the preparation of a General Power of Attorney, please do get in contact. Prices for General Powers of Attorney vary significantly given they can be quite simple to very complicated documents. 

We can also prepare Deeds of Revocation, revoking (bringing to an end) a General Power of Attorney. It is important to serve the correct document on an attorney and those relying on the power of attorney otherwise the power of attorney can continue to be used and relied upon.

Contact Carys or Wendy for further information

Call us on 01558 678 009

Email us at hello@carreglaw.co.uk

Find out more

Find out more about Carys and Wendy on the meet the team page.