Why should I use a lawyer to help prepare my LPA?

The importance of lasting powers of attorney is becoming increasingly well known, with some people opting to make arrangements by themselves. Considering the possibility of a DIY approach, you may be asking yourself the big question – why should I use a lawyer to help prepare my LPA? Our expert team explains just how crucial legal support is to ensuring your wishes and intentions are met.

Creating a lasting power of attorney (LPA) is an essential step in planning for the future. It allows named individuals you trust to make decisions on your behalf if you become unable to do so yourself, or are struggling to manage your financial affairs. While it is possible to complete an LPA independently, many people choose to work with legal professionals to ensure everything is done properly and their wishes are considered.

Legal professionals bring expertise that ensures your LPAs are completed accurately and in line with current legal requirements. Mistakes in the application can lead to rejection by the Office of the Public Guardian (OPG), delaying the protection you intended to put in place.

They also offer tailored advice based on your personal circumstances. Whether you are deciding between a property & financial affairs LPA or a health & welfare LPA, choosing suitable attorneys or adding specific instructions, a legal professional can help you make informed decisions that reflect your wishes.

A professionally prepared LPA can also reduce the risk of future disputes. Clear, well drafted documents help prevent misunderstandings among family members or attorneys, and ensure your intentions are followed.

Legal advisers can also help you build in safeguards to protect against misuse of power. For example, you might require attorneys to act in a specific way or involve a third party in certain decisions. These measures add an extra layer of security and accountability.

The registration process itself can be complex and time consuming. A lawyer can manage this for you, ensuring everything is submitted correctly and efficiently.

Above all, working with a legal professional gives you peace of mind. You will know your LPA is legally sound, reflects your wishes and is ready to protect you when needed.

Common mistakes when making your own LPA

Even with the best intentions, DIY LPAs can go wrong. Here are some of the most frequent pitfalls:

• signing the document in the wrong order, which can invalidate the entire LPA
• choosing attorneys without fully considering their suitability, availability, or understanding of your wishes
• including vague or contradictory instructions that create confusion or conflict, or including them in the wrong box
• failing to register the LPA, which means it cannot be used when needed
• not naming replacement attorneys, leaving a gap if your original choice is unable to act
• assuming one type of LPA covers everything, when in fact different options serve very different purposes.

Appointing a professional attorney

In some cases, individuals may prefer to appoint a professional attorney, such as a solicitor or legal firm, where they have no immediate family members. This can be particularly beneficial where:

• the estate is complex or involves business interests
• impartiality and professional oversight are important.

Appointing a professional attorney ensures that decisions are made with legal expertise, transparency, and accountability. Our firm is experienced in acting as professional attorneys and can take on this role with care and diligence, always acting in the best interests of the donor, whilst liaising with extended family or friends where necessary.

Digital LPAs

You may be aware that there is also a new system of making LPAs coming in – digital LPAs. While the digital process offers convenience, legal guidance ensures your LPA is accurate, compliant and tailored to your needs. A lawyer can provide:

• Expert guidance – Navigate the process with confidence and avoid common mistakes
• Risk reduction – Legal professionals can identify and address potential issues early on
• Secure identity checks – Lawyers assist with verifying your identity and submitting the correct documentation
• Support with objections – If concerns are raised, your lawyer can respond appropriately and protect your interests
• Efficient process – Digital signing and submissions are handled smoothly, reducing delays
• Timely completion – Especially crucial if the donor is elderly or unwell and time is of the essence.

Ongoing support for attorneys

Our commitment does not end once the LPA is registered. We also provide ongoing advice and support to attorneys, whether they are family members, friends or professionals, helping them understand their responsibilities and make informed decisions.

This includes guidance on:

• acting within the scope of the LPA
• managing finances and property responsibly
• making decisions in line with the donor’s best interests
• navigating complex or sensitive situations.

Whether you are an attorney seeking advice or a donor wanting reassurance that your attorneys will be supported, we are here to help.

How can Willans help?

Our experienced team is here to guide you through every step of the process. If you require any assistance or have any questions, please do not hesitate to get in touch.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future and guide you through any difficult challenges that may arise, including those relating to LPAs.