Lasting Power of Attorney Solicitor in Minehead, Somerset

Yes, it is possible to make a Lasting Power of Attorney yourself using the government forms. However, many people find the process more complicated and time-consuming than they expected.

The forms are lengthy and technical, must be completed precisely, and require printing, signing, and dating in a strict order. You also need a suitable Certificate Provider to verify that you understand your actions and are not under undue influence or pressure.

Even small mistakes, like missing information, the wrong wording, or signatures in the wrong place, can lead the Office of the Public Guardian to reject the application. This can cause delays and extra costs.

Using a professional helps make sure the LPA is completed correctly the first time. It ensures it reflects your wishes and avoids potential additional stress when the LPA is needed.

No, you do not lose control. You grant powers to your attorneys so they can manage your affairs. They only have these powers when the LPA is registered. The LPA can be revoked at any time, provided you have capacity.

The law provides safeguards for you and sets out a code of practice for your Attorneys to follow.  Obviously the choice of who your Attorneys are is crucial as you are entrusting them to follow the code of practice.  That is the first element of control you can exercise.

You choose whether you want them to act jointly, meaning both must agree on every decision, or if they can make choices on their own.

The Attorneys must comply with the principles set out in Mental Capacity Act 2007:

They must help you make your decisions where possible.  Each decision must be assessed on a decision-by-decision basis.  Your Attorneys only make a decision on your behalf if you are unable to.   Every decision must be made in your best interests and for your benefit.  This is framed against your past and present wishes, feelings, beliefs and values.

Your Attorneys are in a trusted role and must act with care, honesty and loyalty. They must:

·      Use appropriate care and skill

·      Follow your instructions

·      Act in good faith

·      Not take advantage of you or benefit themselves

·      Avoid a conflict of interest

·      Keep your affairs confidential

·      Make the decisions themselves

·      Follow any directions from the Court of Protection

They must keep accounts and records of your finances and keep them separate from their own.

Your Attorneys are supervised by the Office of the Public Guardian.  If a formal decision or Court Order is needed they must apply to the Court of Protection who will make the decision based on your best interests.

For Property and Finance, your attorneys must be over 18, have mental capacity and they must not be bankrupt or subject to a Debt Relief Order. For a Health and Welfare attorney, they must be over 18 and have mental capacity.

It is sensible to have at least two attorneys. You can appoint replacement attorneys to take over if an original attorney can’t act. This might happen if they lose capacity, become bankrupt, resign, or die.

Choosing your attorneys is crucial because you are appointing them to make decisions for you. You must feel confident in their abilities, judgment, and decision making.

A Property and Finance attorney will handle bank accounts, investments, benefits, bills, and property. So, choose attorneys who are reliable, organised, and good with money. Some professionals will act as attorneys.

A Health and Welfare attorney is only going to act when you lack mental capacity. They will make decisions about your personal wellbeing. This could involve care plans, where you live, your daily activities, and medical care.

They will have access to your medical information. These issues are very personal and close friends or family members who understand your values are a good choice.   It is unusual for a professional to act as a Health and Welfare attorney.

Yes, there are three of reasons why you still need an LPA:

1) Your spouse could predecease you or lose capacity themselves so you would be left without anyone to support you.

2) A spouse/civil partner doesn’t have a legal right to manage your affairs, even if they also hold joint accounts with you. The bank might freeze joint account access because the joint holder can't consent to decisions about using the account.

3) A jointly owned property would need both parties to sign any documents to sell it.  Therefore, an LPA is essential.  You can appoint one another as attorneys with replacements or one another to act with other attorneys.

An LPA has to be made whilst you still have the capacity to do so.  It’s a bit like an insurance policy – you make it before it is needed. 

You can make it in the future, but you would need to have capacity at the time so if you want certainty, it is advisable to make it now.  It can then be stored until it is needed.

Yes there are possible risks to Lasting Powers of Attorney. However the system is well developed and has safeguards built in.

You are giving another person authority to make decisions on your behalf so the choice of attorney is crucial. If you choose an attorney who is untrustworthy, dishonest, or incompetent, your affairs could be mismanaged. Financial abuse is also a possibility.  However, there are ways to protect against this, such as appointing more than one attorney.

In practice, there are also considerable risks to not having LPAs. On balance, many people feel much better having them than not.