News Updates

You hear all sorts of stories about setting up a Power of Attorney. All the way from how difficult and expensive it is to how easy and straightforward it is. Who do you believe?

Well as you may guess … it depends.

Creating a Lasting Power of Attorney (LPA) can be a bit of a mixed experience, depending on your circumstances and how comfortable you are with the paperwork. As with many things, there’s no one-size-fits-all answer. What’s easy for one person might be challenging for another.

On the one hand, the application process isn’t inherently complex, and many people can handle it on their own. As long as you’re careful with the details—like making sure you have the right people involved (donors, certificate providers, attorneys), ensuring all the paperwork is in the right order, and avoiding mistakes—it’s very doable without a solicitor. Doing it yourself is also very much cheaper

But here’s where it gets tricky: the forms do require attention to detail. Missing something, like a signature in the wrong place or incorrect information, could delay things or even invalidate the LPA. Even worse would be making a mistake that doesn’t get challenged. The LPA could be invalidated at the time you need it most.

If you’re not confident about getting it right or if your situation is more complex (like if you have property abroad, or business interests), you might want to think about getting some legal advice.

Plus, if you’re not familiar with official forms, the process could feel overwhelming, and that’s where someone with experience (like a friend, family member, or professional) could be a big help.

At the end of the day, it’s about deciding what feels best for you. If you feel comfortable navigating it yourself, go for it. But don’t hesitate to ask for help if you feel unsure it could just be money well spent.

Use the LPA Agency website to get a better understanding of what is involved. We suggest you do your homework first. This alone might just be enough to set you on your way to handle everything yourself. If that’s the case then we are happy to be of service and hope everything works out for you.

If , however, once you have a greater understanding of what is required you decide that you will need help then we offer a low cost service to assist you all the way.

Why not start here

I thought the COP was supposed to help you

Actually, its role is to protect the person who has suffered the loss of mental capacity. This means that family members are not automatically seen as the knights in shining armour. You have to be able to demonstrate it to the court and pay for the privilege, year after year.

You also have to prepare a written deputy report when requested which is usually an annual event. There is an obligation for the deputy (hopefully you) to take out a bond which can be thought of as a type of insurance. This is based on the size of the estate and will normally attract an annual premium.

The obligations and level of scrutiny on the deputy are quite onerous as the COP must have records for all your dealings. This includes not only what the deputy has spent but the reasons why the choices were made.

You can probably see where the pain comes from when compared to an LPA

Did you know …

• It’s the COP that actually signs off an LPA for a one off fee
• Without an LPA, it’s the COP that determines who will control someone’s estate if they become mentally incapacitated
• The COP could appoint a deputy who is from outside of the family
• The costs to become a deputy in control of your loved one’s affairs without an LPA could run in to the thousands.
• There’s an annual supervision fee
• It could take months to have a deputy assigned

The one off LPA fee is a relative bargain when compared to this

So avoid the heartache and trauma by planning ahead

This might be all the incentive you need to start your LPA application today

Court of Protection Fees

• Application fee is £408
• Court or legal fee (set by the Court)
• Appeal fee is £257
• Hearing fee is £494
• Copy of document fee is £5
• Annual supervision fee £320 (or £35 for minimal supervision)

see the government website for full details

The Office of the Public Guardian rejected over 50,000 applications in the period 2023 to 2024. That was over 30,000 Property and Financial affairs and over 20,000 Health and Welfare LPAs. This was in just one year owing to mistakes made on the application forms!.

If an LPA is rejected then you will need to apply again and potentially pay the repeat application fee of £41. This can lead to frustration, sadness and anxiety.

Read the Guides – Do your Homework

We cannot stress strongly enough to do your homework. The time you take to read the guides ahead of making your application will pay dividends.

We know not everyone likes to read the small print and just wants to jump right in. However, this has a greater chance to fail. With something as important as your LPA you should strive to get it right first time. If slow and steady is not your style then why not ask us to help.

Check and Double Check

It is essential that you check all details thoroughly for mistakes and that you follow the rules exactly. That is what we would do for you.

For example, signatures must be dated in the correct order and witnessed by eligible people. You should take the time to do this or better still let us check them for you. You could save time and money in the long run.

If you make spelling mistakes this can store up problems for the future. Any errors contained in the details such as the spelling of a name would not stop the LPA being approved. However, this could rendered it unusable if identity details provided do not match exactly what is written in the registered LPA.

Your application can take up to 20 weeks but mistakes can lead to longer timescales and may increase your costs.

See tips on the Gov.uk website to avoid errors

Don’t delay, if you haven’t already checked out our guide then why not start now with the LPA Agency