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Estate Planning Specialists

5 articles

Power of Attorney

Practical guides on power of attorney for UK executors and families dealing with probate.

  • Power of Attorney

    Court of Protection Guide: Deputyship, Fees and How It Differs From an LPA

    The Court of Protection is the specialist court for England and Wales that makes decisions for people who lack the mental capacity to make them themselves. Its most common job is appointing a deputy, usually a family member, to manage someone's property and finances when no lasting power of attorney exists. Applying means form COP1 with supporting forms, a £432 application fee and ongoing supervision fees once appointed. This guide explains what the court does, how a deputyship application works, what it costs and why an LPA made in advance is the simpler route.

    4 min read

  • Power of Attorney

    LPA vs Deputyship: What Happens If You Lose Capacity Without One

    A lasting power of attorney (LPA) can only be made while a person still has mental capacity. Once capacity is lost, the only route for family to manage that person's money or care decisions is a deputyship order from the Court of Protection, which is slower, more expensive and supervised for life. This guide compares the two routes side by side: who chooses the decision-maker, what each costs, how long each takes, and what ongoing duties a deputy carries that an attorney does not.

    7 min read

  • Power of Attorney

    Power of Attorney vs Probate: What's the Difference?

    Power of attorney and probate are often confused, but they operate at opposite ends of a life. A lasting power of attorney lets someone act for a living person who needs help managing their affairs, and it ends the moment that person dies. Probate is the legal authority to deal with a person's estate after death. Holding power of attorney gives you no right to touch the estate once the person has died, and it does not exempt the estate from probate.

    7 min read

  • Power of Attorney

    Property and Finance LPA vs Health and Welfare LPA: What's the Difference?

    England and Wales has two separate lasting powers of attorney and they behave very differently. A property and financial affairs LPA covers money, bills, bank accounts and property, and once registered it can be used with your permission even while you still have full mental capacity. A health and welfare LPA covers medical care, daily routine and care decisions, and it can only ever be used once you are unable to decide for yourself. Each costs £92 to register with the Office of the Public Guardian. This guide sets out what each type covers, when each one actually works, and why the timing difference matters more than most people realise.

    6 min read

  • Power of Attorney

    Registering a Lasting Power of Attorney: Process and Costs

    Registering a lasting power of attorney (LPA) with the Office of the Public Guardian costs £92 per document, so £184 for the usual pair covering finances and health, and takes 8 to 10 weeks if the forms contain no mistakes. Donors with a pre-tax income under £12,000 pay half, and those on certain means-tested benefits pay nothing. This guide walks through the registration steps, the fee reductions, and where the promised fully digital LPA service currently stands.

    4 min read
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