Registering Lasting Power of Attorney? The cost will rise in November

The Government is hiking the fee to register Lasting Power of Attorney, which allows loved ones to take control of your affairs if you fall ill. 

The inflation-busting increase applies separately to both property and financial affairs LPAs and health LPAs, and comes into force on 17 November.

The cost will rise by 12 per cent, from £82 to £92.

The fees are waived if you qualify for certain benefits and halved if your income before tax is less than £12,000 a year.

Lasting Power of Attorney is a legal failsafe for people who can no longer fend for themselves.

You can appoint one or more people you trust, usually family members or friends, and it’s common to do this at the same time as drawing up a will.

Lasting Power of Attorney is a legal failsafe for people who can no longer fend for themselves

Without an LPA, families can find themselves locked out of an ailing loved one’s finances and forced to apply for deputyship. This involves a complicated court process and fees running into many thousands of pounds.

There are two types of LPA, covering money and health, and you can get one or both if you are 18 or over and have the mental capacity to do so.

While many consider LPAs to be something mainly needed by the elderly, not having something in place can cause even greater problems for young families.

Anyone with dependents should sort out lasting power of attorney, just in case.

Taking the step of registering an LPA does not mean it automatically comes into effect. That will only happen if and when you lose capacity to act on your own behalf.

If you still have some but not full capacity, attorneys are expected to consult you and in such circumstances you can still take the lead whenever you feel able.

Under any scenario, your attorneys must always act in your interests not their own.

A Ministry of Justice spokesperson says of the increase in the cost of registering an LPA: ‘This is the first time the fee has been adjusted in eight years, and it remains well below the rate of inflation over this period.

‘Anyone who is concerned about cost or struggling to pay can apply for an exemption or reduction.’

The Government adds that operating costs at the Office of the Public Guardian, which runs the service, have risen alongside inflation and the increase will only be used to cover them.

The Government has information about registering power of attorney here.

Kirsty Limacher, legal consultant at the Association of Lifetime Lawyers, says: ‘An LPA is one of the most important safeguards you can put in place to protect yourself and your loved ones, so we don’t want this increase in fees to put anyone off making an application.

‘If you’re worried about the cost, it’s important to know that help is available. Those in receipt of certain means-tested benefits may be eligible for a full fee exemption, and people on a low income can apply for a reduction.

‘No one should feel they have to go without this vital legal protection because of financial concerns.’

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