Why use a solicitor to make a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is an important legal safeguard that ensures your affairs are managed according to your wishes if you become unable to make decisions due to illness, accident or diminished mental capacity.

While it is possible for you to create an LPA on your own, enlisting the expertise of a solicitor can make navigating the process much smoother and reassuring for you and your loved ones. Here are 5 benefits of using a solicitor to help make your LPA:

1. Expert legal knowledge

The process of making an LPA involves technical details as well legal terminology which can get confusing.  Instead of getting bogged down in the legal jargon, a solicitor will help you navigate the forms, demystify the language and ensure that you fully understand the implications of the LPAs as well as your legal rights and responsibilities.  A solicitor will also ensure that the documents are prepared correctly which reduces the risk of them being rejected by the Office of the Public Guardian.

2. Tailoring your LPA to your needs

There are two types of LPA that you can make - one that covers your Property and Financial Affairs and another that covers your Health and Welfare.

Not only can a solicitor help you understand the scope of both types of LPA, as well as help you tailor them to your specific needs and requirements, they can advise you on the possible implications of your choices and ensure that your LPA works for you in the way that you want.

3. Help avoid family disputes

One of the biggest concerns we see when making an LPA is the potential for family disagreements over how your affairs should be handled. If this is something you are concerned about then a solicitor will be able to advise on how to choose a suitable Attorney as well as formalise your wishes in a legally binding way which could reduce the risk of any future misunderstandings or disputes.  

4. Mitigating the risk of fraud or abuse

An LPA can give an Attorney a lot of power and control over your affairs, so it is imperative that the documents are prepared without any mistakes or ambiguities that would leave them open to fraud or abuse.  Sadly, there have been cases where attorneys have abused the powers given to them by an LPA to benefit themselves, but by using a solicitor to prepare your LPAs, you add an extra layer of protection as they can advise on ways to mitigate these types of risk.

5. Guidance on Registration

Before the LPAs can be used, they must be registered with the Office of the Public Guardian (OPG). A solicitor will make sure the LPAs are submitted correctly and will answer any queries the OPG may have.  If there are any delays or problems, a solicitor will deal with the OPG directly, so that you do not have to.

Speaking with one of our qualified solicitors will ensure your LPA is prepared correctly, in accordance with your wishes and importantly, take the hassle away from you and your loved ones.

If you need assistance, please give our friendly team a call on 0116 212 1000 or 01858 445 480 or complete our Contact Us form.

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