Why you need a Solicitor to make Lasting Powers of Attorney (LPA)
Some jobs are best left to professionals, including making a Will and Lasting Power of Attorney. For those, you need a solicitor.
I’m sure you have heard of Wills (see our previous article). You may even have heard about Lasting Power of Attorney. You probably know how important they are and the trouble that can ensue if you don’t make a Will or a LPA, but it may be something you keep putting off.
Did you know that less than 1% of the UK population has an LPA and that 1 in 3 persons on average over the age of 65 in the UK develop dementia (Alzheimer’s Society), and every 90 seconds someone in the UK, is admitted to hospital with an acquired brain injury (Headway). The following outlines what is an LPA and why it’s important to have an LPA for you and your family.
Lasting Power of Attorney
An LPA allows you to nominate a person, or people, you want to run your affairs and make decisions on your behalf. It’s not just for the elderly (decline in mental healthy) but for younger people too who may become incapacitated through injury or illness.
LPA’s come in two forms: property and financial affairs, and personal welfare. The key difference is property and financial affairs can be used while someone still has capacity, whereas personal welfare can only be used once they’ve lost their mental capacity.
For example you may want someone to help you manage your financial affairs, while you still have the mental capacity to make decisions. Or you want to specifically appoint someone to make decisions on your behalf regarding your health care provisions if you’re unable to following a major accident or injury or cognitive decline associated with age.
Without an LPA, decision-making responsibilities could be awarded to anyone by the Court of Protection – including to someone you believe may not have your best interests at heart.
As with a Will, a solicitor will explain everything you need to know about an LPA. They will check everything is filled in, witnessed and signed correctly. They will also ensure your LPA is registered properly with the Office of the Public Guardian, which must be done before your LPA can come into force.
Why you need a solicitor
Figuring out just the right amount of information to put into a LPA can be confusing and our life circumstances can be simple in one area but complicated in another.
It’s best to seek advice from a solicitor when drafting, reviewing and completing a LPA as they will have a much greater understanding of what to include and what not to include. Given their experience they are best placed in asking you the right questions so you completely understand the instructions you leave for the people you appoint on your behalf. They will ensure your wishes are clear to avoid any legal challenges, disputes or delays in managing your finances and/or health in a timely manner.
What will a solicitor do?
When you go to your solicitor about your LPA, you can expect them to:
Explain everything you need to know, in plain English;
Answer any questions you may have;
Offer confidential advice on the best way to approach your LPA;
Check everything once you have made your LPA; and
Act as an executor for your LPA if you wish (usually for an additional fee).
Talk to Couchman Hanson
Tomorrow is not guaranteed for anyone. Don’t wait until old age or disability occurs to think about making a Will or LPA. Avoid the added stress on your family at an already emotional time by getting your affairs in order now. Don’t leave things to chance or to someone you don’t like or to the Crown, Court of Protection or Social Services.
At Couchman Hanson, we provide legal peace of mind and our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 774756 today.