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Why should I use a solicitor for my Lasting Powers of Attorney?

Many clients ask “Can I do my own Power of Attorney online?” The answer to this is “yes”, however, many are unaware of the risks and potential costs that could follow if the documentation is not completed correctly and the application gets rejected by the Office of the Public Guardian.

Judith Hurle, a member of our Private Client team gives us 7 reasons why you should use a law firm when sorting your LPA.

By instructing a Solicitor to prepare your Lasting Power of Attorney the client is getting:

  1. Personalised advice as to how a Lasting Power of Attorney works, how/when they can be used, and guidance on choosing an attorney. Many clients have come to us with a clear idea of who they want as their attorney, but that’s not always the case – especially when they find out that you can have more than one and also different attorneys for your Property and financial affairs and your Health and Welfare LPA.
  2. Advice on how Attorneys can act, i.e. jointly or separately. We will explain this to you, but also to your attorneys in the future. Your attorneys can contact us at any time to discuss your LPA and we will advise them accordingly. We also offer a service where we can act as your attorneys for Property and Financial affairs.
  3. Advice on Life Sustaining Treatment Decisions – Many people find these sorts of discussions difficult to have with their family, so by outlining all your wishes with your lawyer, you are ensuring that your Attorney knows exactly what you want – for instance, that you wish to be kept at home for as long as is possible or you wish to go into a Care home as soon as things become too much for your family. Life Sustaining Treatment Decisions can mean anything from agreeing to a course of antibiotics or a serious operation to save your life.  You make the decision within you LPA on whether you are want your Attorney to make such decisions or whether you want doctors to make those decisions.
  4. Advice as to when the Lasting Power of Attorney can be used - Every LPA has to be registered with the Office of the Public Guardian as soon as it is completed, but you can choose whether your LPA is to be used as soon as it is registered or only if you lose mental capacity. Most of the time our advice is to choose the first option as you may never lose mental capacity but you may need help in the future. Just because you have chosen to use the LPA as soon as it is registered does not mean that you give up control over your finances or over your health and welfare – you carry on with your life as normal until you feel you need help.
  5. We as your solicitor can act as the Certificate Provider and independent witness for your LPA. We use our knowledge and skills to assess your mental capacity to ensure that your LPA is valid.
  6. We will safely store your original LPA and can provide you with certified copies of the documents for free.
  7. Peace of mind that the document is completed correctly and will be processed by the Office of the Public Guardian without any problems.

Remember… Our service doesn’t stop here. Even after the documentation is completed, we are here for both you and your Attorneys to answer any questions you might have.

There are a lot of complex issues surrounding Lasting Powers of Attorney and if all parties are not fully aware of these issues then this could lead to problems further down the line when the Lasting Power of Attorney is needed to be used. At Amphlett Lissimore, we have a dedicated Private Client team who are experienced in ensuring that LPA documentation is accurately and correctly completed. We are also on hand to answer any questions you or your attorney/s might have. The whole team are Dementia Friends and we also have a Solicitors for the Elderly accredited lawyer in our Bromley office.

If you would like to learn more about Lasting Powers of Attorney, please visit our page here or call us on 020 8771 5254 and ask to speak to a member of the Private Client team.

Judith Hurle is part of our Private Client team in West Wickham. Judith specialises in Will writing and Lasting Powers of Attorney. If you would like to speak to Judith Hurle concerning your Will or Lasting Power of Attorney, you can contact her through her page on our website.

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