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Increased Lasting Power of Attorney registration fees.

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A Lasting Power of Attorney is a document which allows you to appoint a person to act on your behalf as an attorney during your lifetime. Whilst you have mental capacity, they must act in accordance with your instructions. When you lack capacity, your attorney must make decisions in your best interests on your behalf. There are two types of Lasting Powers of Attorney that can be made, one relating to Property and Financial Affairs and the other to Health and Welfare. Before either type can be used, it must be registered with the Office of the Public Guardian. Prior to Lasting Powers of Attorney coming in to force, an Enduring Power of Attorney could be made in relation to property and financial affairs to appoint someone to act in the same manner. These documents however, did not need to be registered before they could be used, rather when the person who gave the power lost capacity. Therefore, there are many in existence that may require registration in the future. The Office of the Public Guardian have recently announced the fees to register an Enduring Power of Attorney and a Lasting Power of Attorney will increase from £120 to £130, from 1st October. Additionally, the ability to apply for a reduction in the fee will now only apply in so far as the person making the power earns less than £12,000 and the reduction will only be by 50%. How the Office of the Public Guardian will apply this increase is as yet unclear, as such if you are considering making a Lasting Power of Attorney, we suggest you make an appointment to see one of our advisers as soon as possible. The preparation of a Lasting Power of Attorney can take a number of weeks, as all those appointed to act as an attorney in the power must sign it prior to it being sent off. If you require assistance with your Will, please contact our Private Client team on 01245 228107, or email privateclient@gepp.co.uk, who will be able to assist you. The above is not legal advice; it is intended to provide information of general interest about current legal issues.

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