Before use, you must register a Lasting Power of Attorney. They can’t be used until they have been registered by the Office of the Public Guardian on behalf of the Court of Protection. Trying to use a Lasting Power of Attorney before that can land you in all sorts of trouble!
Register a Lasting Power of Attorney: Registration Costs
Some firms seem to charge as much as £360 (give or take depending on area) JUST to register a Lasting Power of Attorney – that is a bill for well over £1,000 just for the solicitors time (never mind Court Fees) to register both types of Lasting Power of Attorney for a couple.
This is more than we charge for creating and registering four Lasting Powers of Attorney! Though you do have to pay the relevant Court fee too.
Register a Lasting Power of Attorney: Court Fees
On top of that, you have to pay Court Fees to register Lasting Power of Attorney. In 2017, the fees are £82 for each Lasting Power of Attorney. If your personal income is over £12,000 you will have to pay the full registration fee, but if it is under £12,000 there may be a £42 Court Fee: if you can REALLY prove your total gross income, which is harder than it sounds. In theory, it is possible to get the fee cut to NIL if you income is low enough, but we have yet to find any published formula for this. So one of you might be earning and have to pay, but a housewife or husband with low or no income may be able to register a Lasting Power of Attorney free of Court fees. To keep costs down, you could always register when you have a low income but……
Why not just register your LPA when it is needed?
That is an easy one! It takes at least 2 months to register an LPA and during that time no one is in control. So please, organise and register your LPA.