Mental Capacity - Larcomes : Larcomes

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Mental Capacity

Loss of mental capacity – No one wants to think it will happen to them or their loved ones, but if it does the problems it can create can be heartbreaking and worrying for all concerned.

The signing of a Lasting Power of Attorney (LPA) at a time when you have the capacity to sign one – even if it is not needed now – can take away all that stress and worry .The reason being is that the document remains valid if you later lose capacity and empowers your Attorneys to do that which you yourself could have done if you were still able.

Naturally you may be concerned at the prospect of your Attorneys being able to access your monies and interfere in your affairs but in reality you remain in control.

We offer fixed fees on one Lasting Power of Attorney (either Property and Financial Affairs or Health and Welfare) at £400 plus VAT, both Lasting Power of Attorney for one person at £600 plus VAT and for couples, all four Lasting Powers of Attorney for £800 plus VAT. A Court Registration Fee of £82 is required in addition to our fees. However this Court Registration Fee is subject to income and could be less or reduced to nil if on certain benefits.

LPAs are like an insurance policy for the future and are really as important as your Will, so why not fill in our Lasting Power of Attorney Questionnaire and one of our team will contact you to discuss your individual requirements.

If you do not have an LPA (whether registered or not) and you lose your mental capacity it is too late to sign up to one then. In those circumstances, somebody may then have to apply to the Court of Protection to be appointed what is called your “Deputy”. That process is involved, expensive, intrusive and lengthy.

A Deputy is an individual that is appointed by the Court of Protection to make decisions for a person who is no longer able to make decisions for themselves. A Deputy would normally be a family member or close friend, however a professional person such as a solicitor can be appointed.

A Deputyship Order allows an individual the same access to your personal affairs that a LPA would do, had one been executed.

The standard charges awarded by the Court for a Deputyship Application are £950.00 plus VAT together with a Court fee of £385.00. A solicitor will discuss this with you are the outset of any enquiry.

Key Contacts

Charlotte Cooper

Chloe Evans

023 9244 8170

ce@larcomes.co.uk

Julian Quartermain

023 9244 8103

jmq@larcomes.co.uk

Lisa Moore

023 9224 6670

ljm@larcomes.co.uk