Did you know we can help you get Lasting Power of Attorney in place?
You don’t have to be registered with our service to use this; it’s open to everyone.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document which means that somebody can make decisions on your behalf if you are unable to. There are two types of LPA:
Property and Finance: so that someone can look after your finances, bills and property, as well as collecting benefits or pensions on your behalf, or selling your home
Health and Welfare: so that someone can make decisions for you around your daily routine, medical care, life sustaining treatment, moving into a care home, etc.
The document means that someone of your choosing can act on your behalf if you are unable to speak for yourself or make your own decisions. This could be due to illness or accident. Without this document, that person does not have the legal authority to make sure your wishes are carried out.
Anyone can set up an LPA at any time. However, if a person loses capacity it is too late.
How it works: a practical example
Steph was a solicitor and had her own LPA, even though she was only 28 and in good health. She contracted sepsis out of the blue and became very poorly very quickly, and spent 8 weeks in a coma. Because she had LPA’s in place, her mother, who she nominated as her attorney, was able to continue to sign the papers for the house purchase Steph was making before she became unwell and was able to make sure her bills were paid so she didn’t accumulate debts. Luckily, Steph made a good recovery. When she was well enough, she resumed managing her own financial matters and was able to carry on as normal. Without the LPA, debts would’ve accumulated and her house purchase could’ve fallen through.
Here are some of the things we regularly hear or are asked about:
I don’t need an LPA as I’m named ‘Next of Kin’
Being Next of Kin is not the same as being an Attorney for someone. You do not have the legal authority to act in accordance with someone’s wishes as Next of Kin.
I’ll set it up later when things start to get worse. We’re ok right now.
If you delay on setting up an LPA, and the person loses capacity, it is too late. This then means that a very costly and complex legal process is your only option. We’ve dealt with a lot of carers who have been affected in this way. Everyone, regardless of their age or health status, should have an LPA if they would like family members or friends to be able to act on their behalf if the need arises.
If I get an LPA am I just handing power over to my attorney?
An attorney can only act on your behalf if you lose capacity and are unable to act for yourself. As long as you are well and have capacity, you can carry on as normal. And if you become unwell just for a short time, that attorney only acts on your behalf for that period of time that you need them. An attorney can only make decisions on the things you have authorised them to do if you are unable to.
Who can be an attorney?
People usually chose trusted family members to be their attorneys, but they can be someone unrelated or solicitors too, if someone feels this is a better option. Attorneys need to be over 18 and capable of making a decision. They always need to act in the best interests of the person they are attorney for. It is wise to choose more than one attorney. Your LPA can be set up so the attorneys act together (ie.so that the two attorneys will have to make decisions together) but they can also be set up to act individually too. We can explain more about this and the things to consider when you choose attorneys.
You keep talking about ‘capacity’. What does this mean?
Capacity is when a person can understand and retain information and then make a decision based on that information. If capacity is in doubt, it needs to be assessed by a professional. We can only help you with your forms if capacity is not in doubt.
How do I set up an LPA?
You can apply for an LPA online. People have told us they find this confusing and complex. Solicitors can set them up, but some people find their fees prohibitively expensive.
We have a form filling service which is a cost-effective way to set up LPA. We will work with you on a 1-1 basis to complete your forms.
How much does BwD Carers Service LPA form filling service cost?
It costs £100 per LPA or £180 for two, plus the £82 fees for lodging the documents with the Office of the Public Guardian.
Why use your service instead of a solicitor?
It’s a cheaper way to set up an LPA and we’ve made the process as simple for you as possible.
If you are considering setting up Power of Attorney and use our services, you are also helping raise funds for us as a charity.
Services on offer and costs
1 x LPA £100.00
Includes two 2 hour appointments either at home or at the centre.
2 x LPA (if carried out at the same time) £180.00
Includes two 2 hour appointments either at home or at the centre.
Office of Public Guardian Fees (per LPA) £82.00
Volunteer to check self-completed forms at Kingsway £10.00
Volunteer to check self-completed forms at Home £15.00
Extra appointment at Centre £10.00
Extra appointment at Home £15.00
Please note we do not give advice, and all the decisions about the contents of the form are made by the donor (ie, the person who would be affected.)
To use our Power of Attorney Form Filling Service, complete our contact us form or call us on 01254 688440.
For more information on LPA see:
Make, register or end a lasting power of attorney: Overview – GOV.UK (www.gov.uk)
Mental Capacity Act: making decisions – GOV.UK (www.gov.uk)
Office of the Public Guardian – GOV.UK (www.gov.uk)
DISCLAIMER – The service offered by Blackburn with Darwen Carers Service is for support and convenience of completing and registering an LPA.
All decisions will be made by the donor.
Please note, no advice is given.
If capacity of the donor is in question we are unable to provide this service.
