What Are Lasting Power of Attorney Fees?
Lasting Power of Attorney fees are charges in place to set up your LPA. You’ll pay £82 for each type of Lasting Power of Attorney. That’s £82 for financial/property, and another £82 for medical/care, to a total cost of £164.
Who Pays Lasting Power of Attorney Fees?
Most people setting up Lasting Power of Attorney will need to pay a fee for this service. However, you may get a discount on your fees if you’re in receipt of certain benefits. You may also get a reduced rate for low income.
Reduced Lasting Power of Attorney Fees
You can apply to pay less for Lasting Power of Attorney fees. You’ll be applying for an exemption or remission.
An exemption means that you won’t pay a fee at all. This may be available if the LPA applicant (donor) receives certain means-tested benefits.
Exemption is available for anyone that’s in receipt of Income Support, Income-Based ESA or Income-Based Jobseekers’ Allowance. Other benefits that give exemption include Housing Benefit, Local Housing Allowance and Council Tax Support.
If you claim Working Tax Credit, you can claim exemption if you also claim Child Tax Credit, or if your Working Tax Credit includes a disability element.
A remission is a 50% fee reduction, available if the donor earns less than £12,000 per year.
In order to apply for an exemption or remission, you will need to provide some evidence. You’ll also need to fill in additional Lasting Power of Attorney fee reduction forms.
All forms must be sent at the same time, so your fee reduction forms are received alongside your Lasting Power of Attorney application.
Evidence Needed to Reduce Lasting Power of Attorney Fees
If you’re applying for exemption of Lasting Power of Attorney fees, you will need to provide some evidence in the form of benefits statements. Letters must include the donor’s name.
If you want to claim remission, you’ll need evidence of income. This might include wage slips (for at least three months) or your P60 document. If your income comes from investment, you will need to show your statements. If you’re self-employed, your most recent HMRC tax return can be accepted.
Your income can come from benefits that aren’t means-tested. If that’s the case, you can claim remission by providing official letters as your evidence. If you receive Universal Credit, you may qualify for remission and will need to send a letter to prove this.
Lasting Power of Attorney Fee Refunds
From April 2013 to March 2017, some people paid too much for Lasting Power of Attorney. If your fees were higher than they should have been, you could be entitled to a refund.
The fee for Lasting Power of Attorney was lowered in 2017. It’s now cheaper than it used to be to make an application for Lasting Power of Attorney, and as a result the decision was made to refund those who’d recently paid more.
The refund available could be anything from £34 to £54. It can be claimed by the donor or attorney, and the refund will be made to the donor. The government will also add 0.5% interest to make up for lost time.
Options for Paying Lasting Power of Attorney Fees
Lasting Power of Attorney fees can be paid online. This is a secure option, using a debit or credit card.
You can also make payment by cheque to the Office of the Public Guardian. Remember to write the donor’s name on the back of the cheque! If you’re paying by cheque, this can be enclosed with your original application forms.
Payment can also be made over the phone. You’ll need to specify on the application form that you’d like to make a phone payment. Someone will call you when the time is right, to process your telephone payment.
For your security, you shouldn’t send your card details with your application form. If you want to pay by card, you’ll need to wait for a phone call or make payment online.
Lasting Power of Attorney Fees and Hardship
Some people don’t qualify for Lasting Power of Attorney fee reductions, like exemption or remission, but would still struggle to pay their LPA fees. If that’s your situation, you may still get financial support.
You’ll need to write to the Office of the Public Guardian, explaining how the fees for Lasting Power of Attorney would stop you from meeting your essential daily living costs. You’ll need to provide supporting evidence, including bank statements and records of your income and expenditure.
Other Costs for Lasting Power of Attorney
You can fill in your Lasting Power of Attorney application forms on your own. If you’d prefer to get help, remember that there will be extra costs involved for this support. Solicitors might charge around £300 to set up Lasting Power of Attorney.
Paying solicitor fees for Lasting Power of Attorney can help you if you’re not sure what you’re doing. Legal professionals can fill in the forms, or guide you through the process so that you know what you’re agreeing to. They can help you to add restrictions you require, or to make sure that you’re only setting up the Lasting Power of Attorney types you want to.
If you don’t need help from legal professionals, your Lasting Power of Attorney fees will only be what you pay for application processing. This means that you’ll pay a maximum of £164. Many people only need one type of Lasting Power of Attorney, meaning that they’ll pay £82, or could be entitled to exemptions or remissions that bring the costs down even further.
If you’re seeking professional help setting up Lasting Power of Attorney, be prepared to pay more for guidance from legal professionals. This could bring your application price to more than £500, so it’s always worth taking time to look at the forms to see if you could manage on your own.
Lasting Power of Attorney forms are fairly self-explanatory. There’s a lot of guidance to explain what different things mean. You might be surprised how easy it is to make an application on your own.