Households across England and Wales are facing a price hike for a vital legal document from Monday, November 17, as the cost of registering a Lasting Power of Attorney (LPA) officially increases.
What are the new LPA fees?
The Office of the Public Guardian (OPG) has confirmed a 12% increase in the registration fee for a Lasting Power of Attorney. The standard cost is rising from £82 to £92.
For individuals with an annual income of less than £12,000, the fee is also increasing. The current reduced rate of £41 will rise to £46.
It is important to note that eligibility for a full fee exemption remains unchanged. Those who receive specific means-tested benefits from the Department for Work and Pensions (DWP) may still have the LPA registration fee waived entirely.
Why is a Lasting Power of Attorney so crucial?
Legal experts are urging the public not to delay in organising this essential document, despite the price increase. Séamus O’Brien, an estate planning solicitor at Co-op Legal Services, emphasised the peace of mind an LPA provides.
“Once your LPA is in place, you can have peace of mind that someone you trust will look after your affairs should you become unable to,” he stated.
He also warned that an LPA is a legally binding and complex document. Common errors such as signatures being witnessed incorrectly or paperwork signed in the wrong order can render the document invalid when it is needed most.
Saher Iqbal, a solicitor at BTTJ, highlighted that LPAs are not just for the elderly. “They are not just for later life – unexpected events such as illness or accidents can leave someone temporarily or permanently incapacitated, so in these circumstances having an LPA in place can be vital.”
Act now to avoid delays and complications
Séamus O’Brien strongly recommends registering the LPA with the OPG immediately after all parties have signed it. “It can take several weeks for the OPG to process the registration, and this delay can cause real problems for families, should the document be needed in an emergency situation.”
Fiona Mainwaring, head of wills and probate at law firm ORJ, offered a powerful perspective, noting that an LPA can be more critical than a will. “I often tell people that having an LPA in place is, in many cases, more important than a will. But it’s not something that should be rushed. The decisions made in an LPA can have real-life consequences. Due care and attention is required.”
The Ministry of Justice has justified the fee increase, stating: “The new fee will make sure that income from LPA applications better meets the cost of delivering the services provided by OPG.”