The Hidden Dilemmas Of A Do-It-Yourself Lasting Power Of Attorney

The Hidden Dilemmas Of A Do-It-Yourself Lasting Power Of Attorney

Creating a Lasting Power of Attorney (LPA) on your own might seem like a way to save money, but it can be tricky. Let’s talk about the problems you could face and how we can help you.

  1. Mistakes in the Application

Making your own LPA may seem like a smart way to save money, but if you make errors on the form, it can be expensive. Mistakes can lead to your LPA being rejected, and you’ll have to redo it. That means paying a court fee to reapply or even creating a completely new document, which also incurs a court fee. This could cause significant delays, and remember, you can’t use your LPA until it’s registered.

Even after your LPA has been registered with the court, if there are mistakes in your application that you don’t originally spot, then your LPA might get rejected by various organisations, just at the time when you really need to use it. Banks, utility companies, doctors, and other professionals check LPAs very carefully. If they find mistakes in how it’s written, they might not accept it. This could lead to significant delays and stress at a time when your LPA is supposed to make things easier.

  1. When You Can’t Make Decisions

If you rush through a DIY LPA, it could create opportunities for abuse. Someone you appoint, like a family member or friend, might not understand their responsibilities under the Mental Capacity Act. They could end up making decisions that aren’t right.

If you lose the ability to make decisions for yourself, your LPA might not work anymore. Instead, the Court of Protection will pick someone to make decisions for you, and it might not be the person you originally wanted.

  1. Risk of Fraud

Seatons do more than just write documents. We also give advice and help you understand your rights. We make sure the people you appoint as attorneys know what they’re supposed to do and what they can’t do, like giving away your money or making investments. When you create your LPA on your own, there’s a real risk that someone could pressure you into signing it without you fully understanding what you’re agreeing to.

A valid LPA needs a certificate from an independent third party. This certificate says that you understand what your LPA is for and what powers it gives to your attorneys. It also confirms that no one is forcing or tricking you into making the LPA. When you use ourselves, we provide this important certificate, giving you extra protection.

We are known as ‘The Friendly Professionals‘ and we follow rules set by the Solicitors Regulation Authority, which means we are a reliable safeguard for your peace of mind.

In summary, Seatons are here to help you make sure your Lasting Power of Attorney is legally sound. Avoid the problems that can come with DIY LPAs by getting support from our experienced team. Your peace of mind is our top priority.

Call us today on 01536 3116790 or 01536 276300 to discuss creating your own LPA or get in touch online to see how we can help.