Why you shouldn’t take shortcuts with LPAs

While reading a recent issue of the Which? magazine I was intrigued to read an article on Lasting Powers of Attorney (LPA).

The article set out various advantages of making a LPA and encouraged the reader to make an LPA.

An LPA is a legal document which allows you to appoint a person, or people you trust, to look after your affairs should you ever be incapable, either physically or mentally, of doing so.  It can be restricted to your business affairs or it can include your personal affairs too.

While I fully agree with the many advantages of making an LPA the article discussed, I was concerned when it was suggested that forms could be downloaded from the internet for completion without professional advice.

Of course, I would say that being a wills and probate professional. However, a registered LPA allows the appointed attorney to act as though they are the donor (the person who made the LPA). This is a huge responsibility and therefore it is essential that professional help is obtained at the outset and is vital that the donor and the attorneys understand the authority being given and the responsibilities involved.

A professional wills and probate adviser can:

• Offer advice as to restrictions or guidance you give to your attorneys
• Explain the safeguards contained within the forms
• Act as your certificate provider
• Serve the appropriate notices
• Deal with the registration (red tape) which is prolific

Many people mistakenly believe that, should the need arise, a spouse, partner or family member can automatically make decisions on their behalf, but officially they cannot.

It is also important to understand that a registered LPA does not prevent you from looking after your own affairs.  It simply means that should the need arise, whether through lack of capacity, perhaps an accident or temporary illness, then the attorneys that you have chosen can step in and help and act on your behalf.

If you would like more advice on Lasting Powers of Attorney, or any other legal matter, contact Claire McCraith on 01772 258321.