How To Avoid Mistakes In Lasting Power Of Attorney Applications

Lasting Powers of Attorney (LPAs) are legal documents that enable individuals to nominate a person, or more than one person, to make decisions on their behalf should they become unable to do so in the future.

Once made, LPAs need to be registered at the Office of the Public Guardian (OPG), a government body that approves or declines applications, before they can be used. The application process is thorough. The OPG checks each form to make sure it is correct, non-fraudulent and free from potential abuse before the LPA can be registered and actioned.

While it is feasible to create a Lasting Power of Attorney (LPA) independently, engaging the expertise of a solicitor can significantly streamline the process, providing reassurance for both you and your loved ones. Below are several key advantages of using a solicitor in the creation of your LPA:

Expert Legal Knowledge

The process of establishing an LPA encompasses intricate details and legal terminology that can be perplexing. Rather than becoming overwhelmed by legal jargon, a solicitor can assist you in navigating the necessary forms, clarifying the language, and ensuring that you comprehend the implications of the LPAs, along with your legal rights and responsibilities. Furthermore, a solicitor will ensure that the documents are accurately prepared, thereby minimising the risk of rejection by the Office of the Public Guardian.

Tailoring Your LPA to Your Needs

There are two distinct types of LPA that can be established: one pertaining to Property and Financial Affairs, and another concerning Health and Welfare. A solicitor can not only help you grasp the scope of both types of LPA but also assist in customising them to meet your specific needs and requirements. They can provide guidance on the potential implications of your choices, ensuring that your LPA functions in accordance with your intentions.

Assistance in Avoiding Family Disputes

A prevalent concern when creating an LPA is the possibility of family disagreements regarding the management of your affairs. If this is a concern for you, a solicitor can offer advice on selecting a suitable Attorney and formalising your wishes in a legally binding manner, which may help mitigate the risk of future misunderstandings or disputes.

Mitigating the Risk of Fraud or Abuse

An LPA grants an Attorney substantial power and control over your affairs, making it crucial that the documents are prepared meticulously to avoid any errors or ambiguities that could expose them to fraud or abuse. Unfortunately, there have been instances where Attorneys have misused the powers conferred by an LPA for personal gain. By employing a solicitor to draft your LPAs, you introduce an additional layer of protection, as they can advise on strategies to mitigate such risks.

Guidance on Registration

Before LPAs can be used, they must be registered with the Office of the Public Guardian (OPG). A solicitor will ensure that the LPAs are submitted correctly and will address any enquiries the OPG may have. In the event of delays or issues, a solicitor will liaise directly with the OPG on your behalf, alleviating you of this responsibility.

LPA Facts

Most people think LPAs are for when you get old but you should consider LPAs earlier in life as they are used for multiple reasons, including if you’re injured and spending time in hospital when you can appoint an attorney to take care of your finances while you recover.

Helping You With Your LPA Application

Our specialist wills and probate solicitors have the experience and understanding to help with LPA applications and can provide guidance as well as a checking service for your application. This provides peace of mind that your LPA is accurate and reflects your wishes in their entirety.

To speak to us about your LPA or for help drafting and checking an LPA application, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.