What is a Lasting Power of Attorney (Personal Welfare)?

It is a legal document which allows you to choose someone (an attorney) to make decisions on your behalf in connection with your personal welfare e.g. where you live, what you wear, how you spend your day. The attorney will also be able to give and refuse consent to medical treatment according to your best interests.

It can only be used once it has been registered with the Office of the Public Guardian.

Powells can prepare a Lasting Power of Attorney (Personal Welfare) for a fixed fee.

What is included in the Fixed Fee?

The fixed fee assumes that:

• You do not wish to choose more than 2 people (the Attorneys) to act on your behalf;
• that you do not intend appointing a replacement attorney in case your original attorney(s) cannot act for you
• that you do not intend placing any restrictions and / or conditions on your attorney(s)
• that you do not wish to offer any specific guidance that the attorney(s) should take into account;
• that you do not intend that your attorney(s) be paid a fee (they will automatically be entitled to be reimbursed for out of pocket expenses incurred in carrying out their duties); and
• that you are prepared to name at least one person to be notified when an application is made to register your Lasting Power of Attorney.

You will be required to complete a short questionnaire to enable us to draft the Power.

The fixed fee includes:

• Preparing the draft Power;
• explaining the effect of the document;
• making any minor amendments;
• providing the final copy for signature.

It does not include:

• Acting as Certificate Provider (we can provide this service for an additional fixed fee of £115);
• registering the Lasting Power with the Office of the Public Guardian (we can provide this service for an additional fixed fee of £325 which includes the Court Registration fee of £150).

The fixed fee is not appropriate where your proposals do not fall within all of the circumstances listed above e.g. you wish to appoint more than 2 attorneys, or appoint a replacement, or impose restrictions or conditions, or offer guidance, or intend that the attorney(s) be paid, or that no one is to be notified when an application for registration is made. If you would like a bespoke Lasting Power to cover some or all of these circumstances we are happy to prepare it. Please contact us for a detailed quote.

Why pay a Fixed Fee?

By paying a fixed fee at the start of your case you have certainty about the costs involved. The alternative is to pay an hourly rate (£220 plus VAT) for the time your solicitor spends on your case.