3 FAQs regarding Lasting Power of Attorney

1. What is mental capacity? Answer: Being able to make and communicate your own decisions. Therefore understand and retain information. Retain information long enough to be able to make a decision. Then weigh up the information available to make a decision.

2. What happens if you don't have a lasting power of attorney and lose capacity? Answer: If you lose capacity when making a decision then the court can appoint someone to be your deputy.

3. Is there a fee to register an LPA? Answer: £82.00 per document and £41.00 for a repeat application. If the donor receives certain means-tested benefits at the point of application, they would not have to pay a fee. This is known as an exemption. If the donor’s income is less than £12,000.00 a year they would only need to pay 50% of the fee. This is known as a 50% remission.

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