What is a Lasting Power of Attorney (LPA)?

In England and Wales, there are two main types of LPAs:

• Health and Welfare LPA – This grants authority for decisions regarding medical treatment, care, and daily living.
• Property and Financial Affairs LPA – This allows an attorney to manage your finances, pay bills, handle property matters, and other financial assets.

Both types must be registered with the Office of the Public Guardian (OPG) before they become effective.

The DIY Approach: Should You Create an LPA Yourself?

It’s entirely possible to complete and register an LPA independently using the online tools provided by the government. For straightforward cases, such as appointing a spouse or an adult child as the sole attorney with uncomplicated finances a DIY LPA can seem like an attractive and cost-effective option.

However, the DIY route carries potential risks. Here are some common pitfalls to consider:

1. Risk of Mistakes

A single mistake, whether it’s incorrect details, missing signatures, or the wrong sequence of forms, can result in the rejection of your application by the OPG. These errors can delay the process and may lead to costly complications down the line.

2. Ambiguous or Confusing Instructions

An LPA must be clear and precise in its instructions. If the wording is unclear or there are contradictory clauses, it could cause confusion or even disputes in the future, especially when the LPA is activated.

3. Misunderstanding the Implications

Many people are unaware of the full implications of an LPA. For instance, they may not fully understand when or how the LPA can be used, particularly in cases of fluctuating mental capacity, or when multiple attorneys are involved.

4. Lack of Tailored Advice

If your situation involves complex assets, business interests, or complicated family dynamics, such as estranged relatives or blended families, a DIY LPA might not provide the protection you need. Without professional advice, you risk not adequately addressing these complexities.

Unfortunately, LPAs that are created without legal advice are often only discovered to be problematic when it’s too late—typically when the donor has already lost mental capacity and the LPA is urgently needed.

The Advantages of Using a Solicitor

For many, particularly those with more intricate personal or financial circumstances, consulting a solicitor is the preferred route. Here’s why:

1. Expert Guidance

A solicitor can offer expert advice on critical decisions, such as whether to appoint joint or joint and several attorneys. They can also help you understand the implications of different choices, ensuring your decisions align with your wishes.

2. Tailored Drafting

Solicitors can draft an LPA that reflects your specific wishes, including bespoke instructions or preferences. This ensures that the document is clear, comprehensive, and free of ambiguity, safeguarding your interests.

3. Minimising the Risk of Rejection

An experienced solicitor is familiar with the nuances of LPA forms, which reduces the risk of errors and helps avoid delays or rejections by the OPG. They ensure that everything is completed correctly and efficiently.

4. Capacity Checks

If there are concerns about your mental capacity—perhaps due to early dementia or another health issue—a solicitor can conduct a thorough assessment and provide a proper record. This helps protect against future legal challenges.

5. Ongoing Protection

A solicitor can also securely store your LPA and provide ongoing advice about when and how to use it. This gives you peace of mind, knowing that your document is in safe hands and that the legalities are properly managed.

While there are additional costs involved in working with a solicitor, it is often a wise investment for long-term peace of mind. The reassurance that your LPA is legally sound can save your loved ones time, stress, and potentially higher legal fees in the future.

Conclusion: Making the Right Choice

Setting up a Lasting Power of Attorney is an important step in protecting yourself and your loved ones, especially as you plan for the future. While completing the process yourself is an option, it comes with risks that can potentially undermine the effectiveness of the LPA when you need it most.

By working with a solicitor, you ensure that your LPA is comprehensive, legally sound, and tailored to your individual circumstances. For many, this is the best way to safeguard their future and provide peace of mind for their family.

At Greystone Solicitors, we have a dedicated team of Wills and Probate experts who can guide you through the process of setting up a Lasting Power of Attorney, ensuring that your wishes are fully protected. Contact us today for advice tailored to your situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a solicitor for advice specific to your circumstances.