Cost of power of attorney

Making important decisions about your future can be daunting, but planning ahead ensures that your wishes are protected.

A Power of Attorney (PoA) allows someone you trust to make financial or healthcare decisions on your behalf if you become unable to do so. Without one in place, your loved ones may face complex legal hurdles and costly court processes to manage your affairs.

But what is the associated cost of Power of Attorney in England and Wales? The cost varies depending on factors like legal fees, registration costs, and whether you choose professional assistance.

In this guide, we’ll break down the expenses involved, helping you understand how to secure peace of mind without unnecessary financial strain.

Costs of Power of Attorney in England and Wales

Understanding the different types of Power of Attorney (PoA) and their associated costs is crucial for effective planning. We compared pricing lists from several solicitors and included a breakdown of the average cost of Power Attorney in England and Wales. It is important to note that prices will vary depending on how you register your Power of Attorney and which solicitor, if any, you use. Below we have included the definitions of each type of Power of Attorney and estimated costs associated one.

Ordinary Power of Attorney (OPA)

An Ordinary Power of Attorney is used for temporary or specific financial matters while you still have mental capacity. This might be useful if you're traveling abroad or recovering from an illness but need someone to manage your finances.

Typical costs:

• DIY Approach: Generally free if you draft and register the document yourself.
• Solicitor fees for registration: Approximately £125 plus VAT.

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) provides long-term authority, ensuring your affairs are managed if you lose mental capacity. There are two types:

• Health & Welfare LPA – Covers decisions about medical care, living arrangements, and daily routines.
• Property & Financial Affairs LPA – Allows control over finances, such as paying bills or managing property.

Note: Some providers offer more affordable options. For example, Co-op Legal Services provides online LPA services starting from £120, including VAT.

Enduring Power of Attorney (EPA)

Before October 1, 2007, Enduring Power of Attorney (EPA) was the standard for financial affairs. While no longer available for new applications, existing EPAs remain valid. If the person who granted the EPA loses mental capacity, it must be registered with the Office of the Public Guardian (OPG).

Typical costs:

• Registration Fee: £82.
• Solicitor Fees: Vary depending on the solicitor and complexity of the case.

By understanding these costs and options, you can make informed decisions about setting up a Power of Attorney that best suits your needs and budget.

Hidden costs and considerations

While the upfront cost of setting up a PoA is clear, there are additional expenses that many people overlook. Understanding these hidden costs can help you avoid unexpected financial strain in the future.

Cost of making changes or revoking a PoA

Life circumstances change, and you may need to update or cancel your PoA. However, doing so can incur extra costs:

• Changing an LPA – If you need to amend an existing Lasting Power of Attorney (LPA), you cannot simply edit it. Instead, you must create and register a new LPA, which means paying the £82 registration fee again.
• Revoking a PoA – You can revoke a PoA at any time if you have mental capacity, but you may need to seek legal advice, which could cost £200–£500 depending on solicitor fees.

Potential costs if no Power of Attorney is in place

Not having a PoA can be far more expensive than setting one up. If you lose mental capacity without a valid PoA, your loved ones will need to apply to the Court of Protection to gain control over your affairs. This process can be lengthy, stressful, and costly, because you will have to pay an application fee, a hearing fee, deputy supervision fees and solicitor costs. The cost of this can potentially run into thousands.

However, by setting up a PoA in advance, you can avoid these significant costs and ensure your affairs are handled smoothly without unnecessary legal hurdles.

No PoA? Expect higher costs and stress

Planning for the future isn't just about protecting your assets—it’s about reducing stress for yourself and your loved ones. While the costs of setting up a Power of Attorney may seem like an extra expense, they are minimal compared to the financial and emotional burden of not having one in place.

Beyond the figures, a PoA offers something invaluable: control, dignity, and peace of mind. By taking action now, you ensure that your wishes are respected and that those who care about you are spared unnecessary legal and financial difficulties.

The true cost of a PoA isn’t just what you pay upfront—it’s what you save in the long run.

For free expert legal advice, our AI-powered AccessAva tool provides free guidance and support.

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