A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place. It allows you to appoint someone you trust to make decisions on your behalf if you lose the ability to make them yourself – whether through illness, an accident or the progression of dementia. Despite this, many people wonder whether they really need a solicitor to set one up, or whether they can do it themselves.
Here we look at what is involved in making an LPA and when it makes sense to get professional help.
Can you make an LPA without a solicitor?
Technically, yes. The Office of the Public Guardian (OPG) provides forms and guidance on GOV.UK and it is possible to complete the paperwork yourself and register the LPA directly. However, the process is more involved than many people expect and mistakes can be costly.
An LPA that is not completed correctly can be rejected by the OPG, which means starting again and paying the registration fee a second time. More seriously, an LPA with drafting errors may not work as intended when it is actually needed – which is precisely when you least want a legal problem to arise.
What are the risks of doing it yourself?
- Signing errors – the LPA must be signed in a specific order by the donor, the certificate provider and the attorneys. Getting this wrong invalidates the document
- Choosing the wrong type – there are two types of LPA: one for property and financial affairs, and one for health and welfare. Many people need both, but do not realise this until it is too late
- Poorly worded restrictions – if you want to place conditions on how your attorneys act, these need to be drafted carefully to avoid ambiguity or unintended limitations
- Choosing the wrong attorneys or replacement attorneys – a solicitor can help you think through who to appoint, what happens if an attorney cannot act, and whether to appoint attorneys jointly or jointly and severally
- Delay – registration currently takes several weeks. If you lose capacity before the LPA is registered, it cannot be used and your family may need to apply to the Court of Protection instead, which is significantly more expensive and time-consuming
What does a solicitor add?
A solicitor experienced in private client work can guide you through both types of LPA, make sure the documents are completed and executed correctly and advise you on the choices you are making – including who to appoint, what powers to grant and whether any restrictions are appropriate.
A solicitor can also act as the certificate provider required by the LPA form, confirming that you understand the document and are not being pressured into signing it. This removes the need to find an independent professional to fulfil that role yourself.
If your affairs are at all complicated – for example if you own a business, hold property abroad or have concerns about family dynamics – professional advice is particularly worthwhile.
How much does it cost?
The OPG registration fee is currently £82 per LPA (so £164 if you are making both types). Solicitor fees are charged on top of this. While the total cost of using a solicitor is higher than doing it yourself, many people find it money well spent for the peace of mind that the documents have been done properly.
When should you act?
An LPA can only be made while you have mental capacity. It cannot be put in place after a diagnosis of dementia has significantly progressed, or after an accident has already affected your ability to make decisions. This is why it is worth thinking about an LPA sooner rather than later – it is a document for the future, made while everything is still fine.
Speak to our Oxford solicitors about a Lasting Power of Attorney
At Challenor Gardiner we advise clients across Oxford and Oxfordshire on Lasting Powers of Attorney, Wills and estate planning. We offer clear, straightforward advice and will make sure your LPA is set up correctly and registered without unnecessary delay.
Call us on 01865 721451, email info@challenor-gardiner.co.uk or contact us online.