What are the Lasting Power of Attorney fees/costs?

Probate fee rise

On this page, we set out the Court fees and legal costs for making a Lasting Power of Attorney. We then compare this to the fees and costs involved if you lose mental capacity and don’t already have a Lasting Power of Attorney in place.

What does a Lasting Power of Attorney cost?

There are two types of cost involved in making a Lasting Power of Attorney.

The Office of the Public Guardian charges £82 to register each Lasting Power of Attorney document. This fee applies to both types of Lasting Power of Attorney, so if you have both a Finance and a Health Lasting Power of Attorney, the total application fees will be £164.

If you receive certain means tested benefits, you may be exempt from paying the fee – or if your income is less than £12,000 before tax, you may get a reduction. You will need to provide proof of income and/or benefits to be entitled to the concession.

In addition, there are legal costs if you decide to use a solicitor to help you. Fees can vary a great deal between lawyers, with some charging up to £1,000 + VAT. Our fees are far more competitive – please ask for a quote.

What happens if I don’t make a Lasting Power of Attorney and I lose mental capacity?

We believe that the legal fees together with the court costs of making a Lasting Power of Attorney (LPA) are very good value for money, particularly when you consider the alternative. If you lose mental capacity and you do not have a Lasting Power of Attorney in place, your friends or relatives will need to apply to the Court of Protection for a Deputyship Order to be able to make decisions for you.

Like LPAs, there are two types of Deputyship Order – one for Finance/Property and one for Health/Care. The procedure for obtaining a Deputyship Order is extensive and the costs for obtaining this type of order can run into the thousands:

Finance/Property Deputyship OrderBoth Finance/Property and Health/Care Deputyship Orders
Court of Protection application fee£365£730
Court of Protection hearing fee (if deemed necessary)£465£930
Our legal fees£600 + VAT = £720£900 + VAT = £1,080
New deputy fee (per deputy)£100£100
Annual supervision fee (first year) – reduced to £35 a year thereafter only for Finance/Property Deputyship orders where the estate is worth less than £21,000£320£320
Bond fee (typically £200 – £600) – only applies to Finance/Property Deputyship orders£600£600
Cost to obtain COP3 assessment of capacity (some practioners charge – a typical fee would be £55 if no examination is required or £110 if an examination is required£55£55
Fee for Senior Court Costs Office to assess the bill of costs if necessary (£110 or £220 depending on whether legal fees are over or under £3,000)£110£110
£2,805£3,565

Note above that we have used our own legal fees for producing an estimated cost – which are very competitive when compared to other firms.

When you consider the costs and fees involved in obtaining a Deputyship Order, a Lasting Power of Attorney is clearly a far better option. From just £270 + VAT for one type of LPA, making an LPA is a cheaper, quicker and simpler way to nominate someone to manage your affairs for you. It also allows you to nominate the person of your choice – whilst with Deputyship, anyone can apply and it may not have been the person you would have chosen.

Get in touch

We have prepared a free, useful information pack on making a Lasting Power of Attorney. Call us or email us to receive your copy.

Visit us

We have locations throughout the UK and offer you a free appointment without obligation. We can also cater for home visits. Get in touch to book your appointment.

We are here to help you and remain fully open during this current lockdown.
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