Creating a Lasting Power of Attorney (LPA) is an important step in planning for your future. It allows you to appoint someone you trust to make decisions on your behalf if you become unable or unwilling do so. While it’s possible to create an LPA without a solicitor, many people find that professional help can make the process smoother and more secure.
Let’s explore both options to help you decide what’s best for you!
Understanding Lasting Power of Attorney
Before diving into whether you need a solicitor, it is important to understand exactly what an LPA is:
- What is an LPA? A Lasting Power of Attorney is a legal document that enables you to appoint people you trust to make decisions on your behalf if you cannot or choose not do so. This could be due to illness, injury, or a condition like dementia.
- The two types of Lasting Power of Attorney
- Property and Financial Affairs LPA: This allows your attorney or attorneys to manage your finances, pay bills, sell or buy property and make investments.
- Health and Welfare LPA: This enables your attorney or attorneys to make decisions about your health care and living arrangements.
DIY LPA: Is It Possible?
Yes, you can create an LPA without a solicitor. The government provides forms and guidance on how to do so. However, there are positives and negatives:
Pros of Doing It Yourself
- Cost-Effective: You won’t need to pay for a solicitor’s fees.
- Simplicity: If you have straightforward needs, filling out the forms might seem easy enough.
Cons of Doing It Yourself
- Complexity: The forms can be complicated, and one mistake can invalidate the entire LPA.
- Legal Language: Understanding the legal jargon can be difficult, and misinterpretation can lead to problems down the line.
- No Professional Guidance: If you have questions or concerns, you won’t have a professional to consult.
The Benefits of Using a Solicitor
While creating an LPA on your own is possible, many people choose to hire a solicitor for several reasons:
Expertise and Guidance
- Professional Knowledge: Our Private Client Executive Tracey Medlock specialises in this area of law and can help you navigate the complexities of creating an LPA.
- Tailored Advice: They can offer personalised advice based on your unique situation, ensuring your document meets your needs.
Reducing the Risk of Mistakes
- Error Checking: Tracey and her team will carefully review your documents to ensure everything is completed correctly, reducing the risk of errors that could invalidate the LPA.
- Understanding Requirements: They can help ensure that your chosen attorney or attorneys meet all the necessary requirements.
Support Throughout the Process
- Complete Assistance: Tracey can guide you through the entire process, from completing the forms to registering the LPA with the Office of the Public Guardian. With continuous update at every milestone.
- Addressing Concerns: If you have worries about family dynamics or potential disputes, Tracey can provide support and reassurance that whoever you wish to choose, you trust implicitly.
Final Thoughts
Creating a Lasting Power of Attorney is a significant decision that can protect your future and your loved ones. While it’s possible to do it yourself, it is important to consider whether you would benefit from the expertise and reassurance that a solicitor can offer.
If you’re considering creating a Lasting Power of Attorney and would like professional guidance, don’t hesitate to contact our firm. We’re here to help you navigate this important decision and ensure your future is secure. Reach out today for a consultation!