While it’s possible to create an LPA yourself using the forms from the Office of the Public Guardian, mistakes are common — and they can have serious consequences. Here’s why instructing a solicitor is highly advisable:
1. Avoiding Mistakes That Could Invalidate the LPA
Errors such as incorrect signing order, incomplete sections, or ambiguous instructions can render the LPA invalid or open to challenge. A solicitor ensures the document is drafted, signed, and witnessed correctly.
2. Tailoring the LPA to Your Specific Needs
You may have particular preferences or restrictions you want to include. A solicitor can help you craft specific instructions and guidance to ensure your wishes are followed precisely.
3. Legal Advice on Choosing Attorneys
Choosing an attorney is a critical decision. A solicitor can provide impartial advice on who is appropriate, how many attorneys you should appoint, and whether they should act jointly or severally.
4. Protection Against Fraud or Abuse
Solicitors are trained to identify potential undue influence or fraud — ensuring that your decision to appoint an attorney is truly your own.
5. Professional Handling of Complex Assets
If your financial affairs are complex (e.g., business ownership, foreign property, trusts), professional advice ensures the LPA appropriately covers these areas.
6. Future-Proofing
A solicitor can help ensure the LPA is future-proofed against life changes, such as divorce or the death of an attorney, by including substitute attorneys or clear provisions or assisting with an OPG investigation.
While you can technically draft an LPA yourself, using a solicitor provides legal protection, tailored advice, and peace of mind that everything is done correctly and efficiently. Myles Ryeback deals with Wills and Probate, Trusts and Inheritance Tax and Lasting Power of Attorney.
Call us on 020 7387 2032 or email us using our online enquiries page.