Rebecca Chadwick
Solicitor
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Date Published:24 Apr 2017 Last Updated:14 Apr 2021

The Government has reduced registration fees for Lasting and Enduring Power of Attorneys

Wills, Trusts & Probate

Fee Reduction

On 1 April 2017 the Public Guardian (Fees, etc.) (Amendment) Regulations 2017 came into force reducing the registration fees for both Lasting and Enduring Powers of Attorney from £110 to £82 and the re-submission fee for both Lasting and Enduring Powers of Attorney from £55 to £41.

The fee reduction is possible due to the £110 fee exceeding the fee required for the Office of the Public Guardian to provide the service. Although unanticipated, the volume of Lasting Powers of Attorney that have and are being created and registered and the efficiency with which the service has worked have enabled this reduction, demonstrating the sensible decisions the public have been taking to protect their health and welfare and financial affairs in the future.

In light of this, a scheme has been proposed for refunding a portion of the fee to individuals who since 1 April 2017 have paid £110 for registering their Lasting and Enduring Powers of Attorney.

Enduring Powers of Attorney

Enduring Powers of Attorney relate solely to the donor’s (the individual who the document relates to) property and financial affairs. Since 1 October 2007 Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney and can no longer be created. However, if you have an Enduring Power of Attorney created before this date, it will still be valid and will be usable either under the donor’s supervision whilst they retain mental capacity or after the Enduring Power of Attorney has been registered with the Office of the Public Guardian and the donor no longer has capacity to manage their property and financial affairs. Please click here for more information about Enduring Powers of Attorney.

Lasting Powers of Attorney

There are two types of Lasting Powers of Attorney; Health and Welfare and Property and Financial Affairs.

Health and Welfare Lasting Powers of Attorney only become usable when the donor loses capacity or it is reasonably believed that the donor has lost capacity. This type enables the Attorneys to make decisions about medical treatment, diet, home and social life. Where specifically permitted; decisions about life sustaining treatment can be made.

Property and Financial Affairs Lasting Powers of Attorney can be used with or without capacity, after they have been registered with the Office of the Public Guardian and enable the Attorney to pay bills, sell properties or investments and operate bank accounts.

Lasting Powers of Attorney are an essential tool for forward planning, to ensure that at a time when you may be unable to make decisions, somebody you trust is there to legally make those decisions for you unhindered and without excessive cost. Please click here for more information about Lasting Powers of Attorney.

How can Ellis Jones Solicitors help you?

If you would like to create and/or register a Lasting Power of Attorney or register an Enduring Power of Attorney, Ellis Jones Solicitors have specialist Wills, Trusts and Probate Departments across Dorset, Hampshire and London, who can assist you with this. Please telephone Rebecca Chadwick on 01425 484848 or email her at rebecca.chadwick@ellisjones.co.uk in the first instance, to find out more and arrange an appointment.