Why You Should Consider Professional Help for Lasting Power of Attorney

The Importance of Lasting Power of Attorney

Every time I see a post in a local Facebook group asking for recommendations for someone who can help with Lasting Power of Attorney (LPA) forms, there's always a string of responses saying, "Just do them yourself - it's so easy." I usually refrain from debating on posts, but today I heard yet another example of why you shouldn't go this route. So, I thought I'd write a blog to help you decide what's best for your family.

Now, I know it might seem obvious that I would advocate for using a professional since that's what I do. However, I can't stress enough how many times I've seen things go wrong for people who attempted to handle LPAs on their own.

A Cautionary Tale

Just today, someone called me to explain a situation involving their parents. They had sold their parents' house using the attorney powers. However, their parents were both in a nursing home and had lost capacity. They had completed their LPAs themselves but omitted their middle names, as they rarely used them. Unfortunately, the property was registered with the land registry using their full legal names, including middle names. As a result, land registry would not allow the solicitors to proceed with the sale.

This small but costly mistake led to a significant problem. There is no way to edit names on an LPA with the Office of the Public Guardian. In some cases, it might be allowed for them to continue using the powers, but not in this instance. Their only option now would be to apply to the Court of Protection for permission to sell the house on their parents' behalf. This process is expensive and time-consuming, and they were likely to lose their buyer. The house needed to be sold quickly to cover care fees, adding immense stress to the family.

Common Mistakes in DIY LPAs

I often see mistakes on LPA documents from families who have done them without professional help, as well as errors from the court. A large percentage of applications come back with pages missing, and this is not something the average person would notice—until it's too late.

Paying for LPA court fees can be expensive, and you cannot be certain that someone will have the capacity to do it again in the future. Often, when people attempt to do it themselves, there is very little future-proofing. What happens if the attorney dies or is unable to act? When you create your LPAs with a professional, they will think through these scenarios and guide you through them.

Equally, if you set up the LPAs so that the attorneys have to make decisions in a certain way and that isn't able to happen, they can also become void. It's crucial to understand these technicalities; otherwise, the document could be rendered useless by a small change in circumstances.

The Risks of Errors

A significant percentage of documents are rejected by the Office of the Public Guardian (OPG) due to errors. Signing in the wrong place, dating in the wrong order, incorrect witnessing, and unclear instructions can all lead to the document being invalidated by the court. This can result in additional fees, making it more costly to redo everything than to seek professional advice in the first place.

The Value of Professional Support

Lastly, if you use a professional and anyone questions capacity or the donor's choice of attorney later on, the professional serves as your expert witness. This is especially important if there's any kind of family dispute or issue, or if the person making the LPAs has any medical conditions, such as early-onset dementia. Having a professional certify that capacity has been met can be crucial later on.

Conclusion: The Cost of Not Having LPAs

Ensuring that a Lasting Power of Attorney is in place is incredibly important. While the cost of setting them up may be significant for many families, the cost of not having them in place is far higher—both in monetary value and in terms of time and stress.

Please consider how you ensure that this vital document is done correctly. It’s worth the investment for peace of mind and to protect your loved ones.

If you're interested in learning more about how to set up a Lasting Power of Attorney, feel free to reach out. I'm here to help you navigate this process and ensure everything is in order for your family's future.