The need for professional advice when making and registering Lasting Powers of Attorney (LPAs) has never been more important. Many people may have seen the recent comments by retired senior judge, Denzil Lush, which hit the headlines earlier in the week.

There are many sad instances of when a LPA has been put in place and registered with the Office of the Public Guardian (OPG) and the Attorney has not then acted in the Donor’s best interest.

By taking professional advice from a solicitor you can ensure that you are receiving the proper advice regarding all aspects of making and registering a LPA including the very important element of appointing attorneys and the great power that you are giving them.

The Donor is able to include “preferences” and “instructions” in the LPA documents which can either guide or restrict what the Attorney can or cannot do. These must be treated with great care and professional advice is recommended.

LPAs are essential documents to put in place so that the person, or people, you would want to help you are able to in the correct legal manner. If no LPAs are in place then an often expensive and time consuming application to the Court of Protection is required which can cause considerable delay and stress when decisions are often needed to be made quickly. In these circumstances the Court is deciding who can act on your behalf legally, not you. LPAs are prepared whilst the Donor retains mental capacity, a Court of Protection application can only be submitted when the Donor has lost mental capacity.

At WBW Solicitors, the Private Client team can talk to you in more detail about LPAs and assist you in putting in place legal documents where you have chosen who you want to help you.

If you would like to speak to a member of the Private Client team in relation to LPAs please contact our Newton Abbot office on 01626 202404. Or if you would like to speak to the article author, Matthew Cooper, you can email him on matthewcooper@wbw.co.uk.

Author: Matthew Cooper, Private Client Associate Solicitor