When should I make an LPA?

Many of us are guilty of putting off until tomorrow action we know should be taken today.

Mental and physical incapacity can become a problem at any time, which is why it is recommend to plan ahead, limiting the burden on those who may need to look after your interests.

You can only make an LPA when you have sufficient mental capacity. Many people consider writing an LPA when they write their Will as part of planning for the future. You can cancel or rewrite an LPA if your circumstances change, however, there can be significant costs if you do not have an LPA in place.


What happens if I don’t make an LPA?

If you should suffer an unexpected accident or illness and you do not have an LPA in place, your family might be faced with practical difficulties at a time of crisis and possibly a large bill in order to keep your affairs in order.

If you do not have an LPA in place, then it may be necessary to apply to the Court of Protection for a Deputyship order. This is more expensive, cumbersome and takes time.

Currently, the court application fee is £365 and the court hearing fee is £485. This is before you have taken into consideration the legal cost of making this application. Deputyship applications are more complex than an LPA and legal advice is often required, which is another additional cost.

Currently, it takes around 4 – 6 months to obtain a Deputyship, in which time no-one will have legal authority to make any decisions regarding your health, welfare or finances.

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Do I have to update my LPA?

LPAs that are wirtten by a Solicitor are legally binding, and have no ‘expiry’ date. However, there are other factors that can end your LPA.

An LPA can end in two ways:

  1. You may cancel your LPA, even after it is registered, provided you have the mental capacity
    to do so. If you do, then you must tell your Attorney and, if the LPA has been registered, you
    will need to ask the Office of the Public Guardian to remove it from its Register.
  2. An LPA also comes to an end when the Donor dies; this means that the Attorney(s) no longer
    have the authority to make decisions on behalf of the Donor. If there is a valid Will in place,
    then the estate will be managed by the Executors named in the Will. If there is not a valid Will,
    the estate will be dealt with in line with the Intestacy Rules.

Once written, you can sit back and relax knowing that your Health & Welfare and Property & Fiance matters will be taken care of.


Terry Jones LPA Specialists

Terry Jones Solicitors have been advising the people of Shropshire for over 200 years. We can organise your LPA online, via the telephone or face-to-face in one of our three offices, whichever way you prefer.

Our friendly Solicitors will talk you through everything you need to know, ensuring you feel confident at all stages of the process.

Contact us today to discuss writing your LPA.

Contact Us

If you would like to write an LPA or you have a question regarding LPAs complete the form below and one of our friendly Solicitors will be in contact to discuss your enquiry.

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Need advice? Email us enquiries@terry-jones.co.uk