The State of Ageing Report 2023-24 reports that “the older population in England is getting larger. In the last 40 years, the number of people aged 50 and over has increased by over 6.8 million (a 47% increase), and the number aged 65 and over has increased by over 3.5 million (a 52% increase).”
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf if you become unable to do so in the future. As we are living longer, it is so important to plan for the future. Therefore, it is worth considering the benefits of putting an LPA in place for the moment you ever become unable to make your own decisions and manage your affairs.
Whilst it might be tempting to handle an LPA on your own, there are several reasons why you should seek legal help from a solicitor instead.
| Mistakes and errors
Filling out an LPA form may seem simple at first, but even small mistakes can have serious consequences. The process of finalising an LPA is very specific. A wrong signature or missing date could cause your LPA to be rejected by the Office of the Public Guardian (OPG). Often applications are returned to applicants due to practical errors, such as signing the application in the wrong order.
The OPG has reported that 15% of the applications they receive have mistakes in them and are therefore rejected. However it is important to note that sometimes the OPG misses some mistakes (such as a wrongly spelt name) which can mean a registered LPA could be rejected by a bank, even though it has been formally registered. Therefore, the LPA is useless, and you may need to start the whole process over. This can be both expensive and time-consuming. Worse still, if you are no longer able to sign a new LPA due to illness or incapacity, you may end up without one altogether. This could leave your family without the legal power to act on your behalf when it is most needed.
| Complex legal language and restricting powers
Without professional advice, a badly drafted LPA can restrict your attorney’s powers and authority to care for you. It is important not to include any instructions that contradict any other part of the LPA form or any other existing document you hold. You may also not realise how the choices you make now could affect you and your loved ones in the future and their authority to make decisions on your behalf. A solicitor can explain these nuances to make sure your LPA reflects your true wishes.
| Tailored advice for your situation
Everyone’s circumstances are different, and a “one-size-fits-all” approach doesn’t work when it comes to legal documents. If you do the LPA yourself, you might miss out on valuable advice that applies to your specific situation. For example, if you have complex financial affairs, own a business, or have family dynamics that could lead to disputes, a solicitor can offer advice on how to structure your LPA to avoid future problems.
| Avoiding family disputes
Choosing the wrong person as your attorney or not clearly outlining your wishes can lead to conflicts within your family. A solicitor will help you think through the decision carefully. They can advise you on how to avoid potential disputes. By getting professional help, you can make sure your instructions are clear and legally sound, reducing the chances of disagreements or challenges to your LPA later on.
| Protection against fraud
Unfortunately, there have been cases where LPAs have been used fraudulently or where vulnerable people have found themselves caught up in fraud, coercion, and financial abuse. A solicitor will act as an important safeguard by fulfilling their independent role as the ‘certificate provider’. They will confirm that your wishes are being met, there is no undue influence, and you are not being persuaded to sign something you do not fully understand the consequences of.
Creating a Lasting Power of Attorney is an important decision. If done correctly, it can make life easier for your family and loved ones. Since an LPA deals with your own wellbeing and finances, it is not something you want to leave to chance. Seeking help and assistance from a solicitor will ensure that your LPA is correctly completed, signed, and registered. Thus leaving you with the peace of mind that everything is in order. While it might seem easy to do it yourself, the potential for mistakes, misunderstandings, and future complications is high. By using a solicitor, you can ensure your LPA is legally sound, reflects your wishes, and protects your best interests.
Our friendly, expert team of solicitors will guide you through the process of making an LPA. Book an appointment online or call us on 0800 988 7756.
