Preparing an LPA yourself and getting it wrong can be very costly.
5) Are LPA Solicitors Regulated?
Yes, and we’re expert at what we do – just as everyone is at their own job. For the relatively modest cost a solicitor will charge to prepare your LPA, you will have the peace of mind of knowing it is being done quickly, properly, and at no extra cost to you if things go wrong (not that they should).
We are (quite rightly) very tightly regulated – and answerable to our customers, the SRA, and the Legal Ombudsmen. Using a solicitor gives you peace of mind.
Can I prepare an LPA with a solicitor from home?
You certainly can with us! We’ve been at the cutting edge of technology for a very long time, and were one of the first law firms to digitise our internal office records when we went fully paperless back in 2008! If you would like us to help with the preparation of our LPA’s from the comfort of your own home, everything can be done by Zoom video call, phone, and email. Don’t worry, any paper you need to sign will still come out to you by good old fashioned snail mail!
Find a solicitor to Prepare your Lasting Power of Attorney?
But, don’t let us be the judge of all of that! Contact us if you have any questions about preparing or registering an LPA, and one of our expert LPA solicitors will be happy to chat things through with you. Please contact us at the details below.
Let your solicitor take the strain and prepare your LPA!
What are Instructions under an LPA?
Unlike preferences, Instructions must be followed by your attorneys and are mandatory statements.
What instructions can I include under my LPA?
For example, instructions regarding moving to a care home as you could be against it unless it’s the last resort and you can no longer live independently, or instructions to refuse blood transfusions or following a particular diet, if that’s something you feel strongly about.
What are third party investment instructions under an LPA?
You must include instructions if you have investments managed by a third party under a discretionary management scheme and you want those to continue, otherwise your attorneys will not have the power to give instructions on your behalf.
Can my attorney get paid under an LPA?
You must also include instructions if your attorneys are to get paid (particularly if they’re acting as professional attorneys).
Should I write preferences and instructions in my LPA?
A lot of people leave these sections blank as it is a common misconception that it’s good practice to avoid setting out any restrictions in case your LPAs get rejected by the Office of the Public Guardian (“OPG”), which will delay the registration.
Do the Office of the Public Guardian (OPG) block preferences and instructions?
If the OPG considers that a preference or instruction would be ineffective or would prevent the LPA from being valid (for example, a provision allowing the attorney to make gifts which go beyond the statutory restrictions, or a provision which permits the attorney to consent to a marriage on behalf of the donor), it must apply to the Court for it to be determined, and pending this, the donor has the option to make a new LPA.
Why might the OPG block instructions or preferences in an LPA?
In the majority of cases, the reason for rejection is that the preference or instruction goes against express statutory provisions, but this is avoidable if the provision is drafted appropriately by an expert!
Care needs to be taken particularly when setting out instructions, as these are legally binding and may have consequences that you may not foresee at the time of writing them.
What kind of preferences and instructions can I write in my LPA?
Some examples of provisions could be: –
- To prevent the attorneys from selling the donor’s house unless they’re no longer safe to remain in their home
- To prevent the attorneys from disposing of a particular item (particularly if it has been specifically given in the donor’s Will)
- A charging clause for the attorneys to get paid for their role. Generally, lay attorneys would not generally expect to be paid, but they can recover out-of-pocket expenses paid on the donor’s behalf. Professional attorneys need to be paid for their work and this must be specifically provided for in the LPA.