The Lasting Power of Attorney is the ONLY legal document that enables a designated person of your choice to make decisions for you at the point you’re declared incapacitated.

If you plan to use these documents straight away, then yes, the cost is £82 per registration. Alternatively, we can store these for you free of charge. As long as they are signed and dated, they are active.

The Lasting Power of Attorney is legally Valid once registered with the Office of Public Guardian (OPG). If you want your Attorneys to be able to act straight away, you need to make this clear when completing the application. 

Unfortunately, suppose you or your partner is declared incapacitated with no lasting power of attorney. In that case, the bank has a duty of care to freeze the membership of your joint bank accounts immediately.

Lasting Power of Attorneys are designed to be completed before a diagnosis of incapacity. If a diagnosis has been made, you’ll have to apply to the court of protection to become a Deputy on behalf of your loved one.

If the donor has total capacity and can sign the completed documents, completing these on their behalf is completely fine.

It would be best if you always gave some consideration as to who you appoint as Attorneys, as they will need to have a clear understanding of the way you want to live your life after a diagnosis of incapacity.

Every person above the age of 18 should have these documents in place. It’s not a form for older people. Anyone could have an accident and receive a diagnosis of incapacity.

You can’t make a Joint Lasting Power of Attorney as they are registered per individual. You can Share Attorneys, backup attorneys and certificate providers.

Lasting Powers of Attorney are government-issued documents. There is no need to retain the services of a Solicitor. It’s an essential document, so we advise you to seek advice from an expert with experience in preparing them.

The quotation that a Lawstore advisor will provide you does not contain the registration fees, which are paid directly to the Office of the Public Guardian. We offer a free document storage service where you can retrieve them if needed.

A remission or exemption is where you can make a Lasting Power of Attorney for half the price or free.

You’re eligible for this discount if you earn less than £12,500 per year or are on means-tested benefits. You’ll need to apply simultaneously as sending in your Lasting Power of Attorney.

Completing a Lasting Power of Attorney can be done for free. We will happily direct you to sites that are trusted. However, most clients are more comfortable having a professional complete this. It’s a question of how comfortable you are completing a 46-page document with no room for error.

Yes. If the person is over 18 and fully aware, they have a legal responsibility to act in the donor’s best interests.

The signature order is one of the most vital parts of completing the application. Ask for our Signing Advice Download Link if you need clarification.

The witness must not be the donor of this Lasting Power of Attorney and must be aged 18 or over.

No, a family member cannot act as a witness. The rule of thumb is that if a person is to be a beneficiary, they cannot be a witness. If they did, they would lose any claim to the proceeds.

There is no limit to the number of people you can name as an attorney when making a Lasting Power of Attorney (LPA). Most Married couples generally appoint the spouse their primary attorney, this is normal, but you must consider the possibility of you outliving the spouse. We recommend appointing backups. 

It is common to appoint 2, but up to 4 executors can take on responsibility for administering the Will after death.

An executor is legally responsible for carrying out the instructions in the person’s Will and handling their estate (money, property and possessions).

An executor manages a deceased person’s estate to distribute assets according to the Will. On the other hand, a trustee is responsible for administering a trust.

If your Will is damaged, then the courts could declare the Will invalid. You must keep your Will in a safe place. Storage is an excellent and cost-effective option. 

Yes. To be legally valid, a Codicil must be signed and witnessed like a Will. Therefore, using a solicitor is advisable when making a Codicil to ensure that strict formalities are followed.

Your mortgage will continue as normal.

A Letter of Wishes, sometimes called a Memorandum of Wishes, is a confidential document addressed to your executors and trustees accompanying your Will. It is not legally binding.

A PWPT is a 2-part process; a Will and a Severance of Tenancy (if needed) on the property to protect each half independently.

When most properties are purchased, they are registered at Land Registry in two names (typically, husband and wife). Most purchases are registered as ‘joint tenants’, meaning ‘what is yours is mine’ and vice versa. When one of the ‘joint tenants’ die, the whole of the property is left to the other, and on the second death, the total of the property is left to the children or grandchildren.