Lasting Power of Attorneys (LPAs): Why use a Solicitor?
Whilst it is possible to make a Lasting Power of Attorney (LPA) yourself, it is advisable to use an LPA solicitor to minimise the risk of errors being made or future issues arising.
LPAs are legal documents, and this part of the law is complex – you should be fully informed and knowledgeable before signing a Lasting Power of Attorney. This is why it’s important to use a specialist solicitor, whether it’s for a Health and Welfare LPA or Property and Financial Affairs LPA, or both.
Reasons to use a Solicitor for an LPA
It might seem cheaper in the short-term to create an LPA yourself, however this is rarely the case in the longer term as mistakes with the form are both time consuming and costly.
The reasons to use a solicitor for your LPA, include:
- Safeguarding
A solicitor will ensure your LPA is clear and protects your interests fully and, furthermore, that there is no risk of any misunderstanding due to safeguarding against fraud and coercion. Your solicitor will ensure you, the donor, fully understand every implication and are comfortable with the form before signing. - Confidentiality
Solicitors have a duty of confidentiality, and any breach of this results in them being disciplined or even struck off. This means by using a solicitor to create your LPA, your privacy is protected. For example, you can choose your solicitor to be your certificate provider, the person who certifies to the Office of the Public Guardian (OPG) that you are of sound mind, rather than asking friends or work colleagues. - Avoid unnecessary costs
If your LPA is not legally watertight, you may incur extra costs from the Office of the Public Guardian. You register your LPA with the OPG and if there are mistakes on the form, the OPG will reject the form, and you will need to pay again to re-submit the application. - Accuracy
A solicitor will ensure your wishes are fully considered and represented within the LPA, for what happens if you lose capacity. A solicitor will also provide guidance on appointing the best possible attorneys for you, advice that is tailored just for you so you can make informed choices in terms of individuals to appoint and the level of their powers. - Ability to handle complexity
Your solicitor will have a thorough understanding of the law and regulations, as well as your personal situation, to ensure that any issues, such as jointly owned property, overseas assets or business interests, are identified and appropriate solutions are found for the LPA. - Ongoing support
For total peace of mind, your solicitor is able to provide support beyond the creation of your LPA. He or she can keep a copy of the document safe for you and provide advice if needed on any amendments or help with any legal challenges relating to the LPA at a later date.
Helping you with your LPA
Our specialist Lasting Power of Attorney solicitors are here to help you with your LPA. Thanks to a complete understanding of the law, regulations and formalities involved in the creation of LPAs, together with a personalised approach to all clients, our solicitors will ensure your LPA is accurate, clearly stated and all items are covered so that your wishes will be carried out in the event of mental incapability – for your total peace of mind.
If you have any questions or want to speak to us about creating a new LPA or amending an existing LPA, 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.
