A Lasting Power of Attorney (LPA) allows you to appoint a trusted friend or relative to manage your affairs for you, in case you ever become unable to do this for yourself. We look at whether you need a solicitor to draft your LPA, and what you need to be aware of.
There are two types of LPA:
- A property and financial affairs LPA; and
- A health and welfare LPA
The first allows your attorney to deal with issues such as making investments, paying bills, receiving benefits, and looking after your property.
The second relates to your personal welfare, and can give your attorney authority to decide where you live, what your daily routine will be, and what medical treatment will be allowed or refused on your behalf.
Using a solicitor to draft, execute and register your LPA
Your LPA will be tailored to your unique requirements, specifying who will be your attorney, whether two or more attorneys can act separately or jointly, and exactly what authority you are giving them.
Because your attorneys will have the power to deal with matters on your behalf, it is important to ensure that the document is carefully drafted, giving them clear instructions, protecting your interests, and avoiding errors and ambiguities.
Using a solicitor for your LPA
Although you can draft your own LPA, it is always strongly recommended that you use a solicitor. They will ensure that issues such as mental capacity are dealt with correctly, so that in the future any questions surrounding someone’s fitness to sign an LPA can be answered robustly.
A solicitor will also check that the person signing the LPA is not being unduly influenced by someone hoping to gain control of an individual’s finances and property.
Where a solicitor is involved in the preparation, signing, and registration of an LPA, it will be unlikely that someone will be able to claim that a document has been forged, and using a professional will drastically reduce the risk of family disputes or misunderstandings.
Signing and registering an LPA
An LPA needs to be signed correctly, and a certificate provider also needs to sign to confirm that the individual has the mental capacity to understand the implications of the document.
By using a solicitor, you can be sure that the correct process will be used. The solicitor will then be able to register the LPA for you with the Office of the Public Guardian. An LPA cannot be used until it has been registered and the correct notification procedure has been followed, notifying the individual’s chosen friends or family members.
By registering the document immediately, any issues can be dealt with so that it is ready for use, should it ever be needed.
A property and financial affairs LPA can be used while the individual still has mental capacity. A health and welfare LPA can only be used if the individual can no longer make their own decisions.
Contact Us:
If you would like to speak to one of our expert estate planners, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com.