The overriding reason to instruct someone with relevant expertise to complete your Lasting Power of Attorney is that the power bestowed by the document and the risks of mistake without taking appropriate advice are too onerous.
As with many legal services there is a DIY option and although this may present the opportunity of a reduced financial outlay there are a number of dangers in creating a DIY legal document, particularly one with the import of a Lasting Power of Attorney.
An LPA is a powerful legal document which allows someone else to manage your affairs when you lose your mental capacity. It puts the decision making power about your property & finances and your health & welfare into the hands of someone else. It therefore has extremely important implications for everyone involved.
Without a solicitor to provide independent advice and consultation on the contents and their wide-ranging legal implications, there is a real risk of producing an LPA that is not fit for purpose.
The Risks of preparing a DIY Lasting Power of Attorney include:
A study by Solicitors for the Elderly showed that consultation with a specialist solicitor has many advantages over DIY methods when it comes to creating an LPA, and for the vast majority of people this remains the most effective and legally robust option.
One study participant who attempted to create her own LPA online said:
“I went as far as I could go with it, but I couldn’t finish it. “There is so much jargon in the forms, and I didn’t understand all the legal terminology. It was also a very, very long process – it took my son and me an entire day to read through all the information, and we still couldn’t complete the application. We both found it really frustrating”
After then consulting with a specialist solicitor, she said:
“It was such a relief to go through the application with a solicitor, after the terrible experience I’d had with the DIY kit.”
“The solicitor explained everything so well and in a way that I could understand. She advised me to include my daughter as an attorney as well as my son, as well as nominating two back-ups – it hadn’t even dawned on me to have more than one person listed. Adding my daughter ended up being really useful, because it prompted her and my son to have a proper discussion about what each of them were able to do to help me in future.”
“When the solicitor told me exactly what authority I’d be giving up, I realised how powerful the LPA is"
We understand the importance of an LPA and have the specialist expertise to advise and assist you with the entire process - delivering Peace of Mind for you and your family.