Why Use a Solicitor to Make an LPA
06/02/2024
The importance of making and registering a valid Lasting Power of Attorney (LPA) cannot be understated.
LPAs help individuals of all ages and backgrounds safeguard their futures by appointing someone to make decisions on their behalf should they lose the capacity to make those decisions themselves.
Mental capacity can be lost on a short-term basis, such as if you are unconscious or because of some mental health problems, or permanently, for example, through an accident or if you are suffering from dementia.
In the UK, one person develops dementia every three minutes. Yet relatives can’t just walk into a bank and access your money, even if it is to pay for your care. Unless you have a Power of Attorney, your loved ones would need to apply to the Court of Protection to appoint someone to manage your affairs, costing time and money.
Types of LPA
There are two main types of LPA:
- Property and financial affairs. This deals with decisions relating to finances and property, for example, selling your house, paying your bills, accessing your bank accounts and collecting pensions and other benefits.
- Health and welfare. A health and welfare LPA involves decisions about your medical care, including where you should live and any life-saving or life-sustaining treatment.
For more information about LPAs, click here.
While it is possible to set up an LPA yourself, the process is complicated, and it is easy to make mistakes. Making an error on the forms may mean your LPA is rejected by the Office of the Public Guardian (OPG) when you try registering it, or it is not valid when you need to use it.
Financial expert and consumer champion Martin Lewis recommends using a specialist LPA solicitor. “The best way, if you can, is to get a solicitor to do it,” he said in a recent episode of his TV show, The Martin Lewis Money Show (ITV, 21 November 2023).
In this blog, our LPA specialists consider some of the benefits of using a solicitor to set up a Lasting Power of Attorney.
1. Avoid mistakes.
Private client solicitors have extensive experience creating LPAs and will ensure the relevant documentation is filled in correctly.
The forms can be complicated, and without specialist assistance, many people can make mistakes during the application process. These include signing the forms in the wrong order, mixing pages, and including unlawful requests.
Errors on the application form can lead to delays in registering the LPA and can even result in it being invalid.
A specialist solicitor is professionally trained and will ensure your LPAs comply with all the relevant laws, helping you avoid any issues further down the line.
2. Valuable part of estate planning.
An LPA is just as important as a Will, and creating one should be a necessary part of everyone’s estate planning.
However, an LPA is not one-size-fits-all, and it is crucial to seek specialist legal advice, particularly if your affairs are more complex.
A solicitor will consider whether there is anything about your personal circumstances that means an LPA may not give you all the protection you need, such as if your family doesn’t get on, you run your own business, or you have property abroad.
It may be the case that you need other legal documents to best protect your loved ones, your assets and your interests.
An experienced estate planning solicitor will take the time to understand your situation and tailor their advice to fit your needs.
If you want to discuss how to protect your assets, speak to Russell & Russell. It’s free, and there is no obligation, so you’ll have a better idea of what your options are.
Call us on 0800 103 2600 to make an appointment or find out more.
3. Legal expertise and experience.
Solicitors will draw on their experience to ensure every base is covered when creating your LPA and that it is tailored to meet your needs.
Specialist LPA solicitors will get to know you and understand your circumstances before setting up your LPA and ensure it is properly drafted to be legally binding and cover all eventualities.
A qualified legal professional will ensure everyone knows what the process entails, help advise on who to appoint as an attorney, and include any specific wording required to meet your wishes.
In the event of declining mental health, a solicitor will also be able to advise what you should do to prevent the validity of your LPA being challenged.
4. Peace of mind.
Using a solicitor to set up your LPA gives you valuable peace of mind.
Specialist private client solicitors have extensive experience helping people create LPAs and will ensure they are done correctly, quickly and securely.
The legal profession has a duty of care to ensure they act in your best interests, so you know you are in safe hands.
Solicitors are also regulated, which adds an extra layer of protection in the unlikely event anything goes wrong.
How much does making an LPA cost?
At Russell & Russell, we charge from £395 + VAT (£474) to set up a single Lasting Power of Attorney. There’s also an additional charge of £82, payable to the OPG, the regulatory body, as a registration fee.
For couples who set up their LPAs, it’s £550 + VAT (£660). As it’s for two people, two OPG registration fees will be payable.
Typically, it can take two to three weeks to set up an LPA, but registration by the OPG will take longer. However, we can agree on timings at the outset for more urgent situations.
LPA Solicitors Near Me
A Lasting Power of Attorney is a valuable legal document that should be considered as important as a Will.
It is never too early to make one, and every adult over the age of 18 should have one. Putting it off until a later date can cause untold difficulties for you and your family.
Consulting a solicitor is the best way to ensure a Lasting Power of Attorney is properly set up and registered.
At Russell & Russell Solicitors, our specialist private client team can help complete the necessary documentation and register LPAs with the OPG.
For more information on how we can help you with your Lasting Power of Attorney or any other Wills and Probate enquiries, click here, call us on 0800 103 2600 or make an online enquiry.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.