DIY Lasting Power of Attorney (LPA) vs. Professional Service: What You Need to Know
Are you considering putting a Lasting Power of Attorney (LPA) in place yourself, perhaps using the government's online service? You might be wondering: is that really enough to protect your future and your loved ones? While a DIY approach can seem appealing for its perceived simplicity and cost savings, it's crucial to understand the nuances and potential pitfalls.
For some very straightforward situations, a DIY LPA might seem like a viable option. However, for most, the complexities involved mean that critical details are easily missed. In this guide, we'll explore the common issues we consistently see with DIY LPAs and explain why professional guidance can make all the difference. By the end, you'll have a clear understanding of your options and how to ensure your LPAs are truly effective, providing the lasting peace of mind you deserve.
DIY LPA Risks: What Can Go Wrong?
Many individuals choose to create an LPA themselves to save time or money, often utilising the government's online service. But our experience at Westwood Estate Planning consistently shows that critical details are easily missed. These seemingly small errors can lead to significant problems for your family when they need the LPA most.
One major pitfall is the crucial decision of appointing attorneys 'jointly' versus 'jointly and severally'. This is a distinction that can have profound consequences. If you choose 'jointly', and just one of your appointed attorneys becomes unavailable – perhaps they're on holiday, unwell, or even if they pass away – your entire LPA could become unusable. This often forces your family into costly and time-consuming applications to the Court of Protection, precisely what an LPA is designed to avoid. In contrast, 'jointly and severally' allows attorneys to act independently, ensuring continuity and flexibility.
Another common issue lies in the precise wording of instructions and preferences. It's surprisingly easy to confuse a legally binding instruction with a simple preference. Get this wrong, and you could unintentionally restrict your attorneys, making the document far less useful, or even ineffective. Your deeply held wishes might not be carried out, or your attorneys could find their hands tied when trying to manage your affairs.
The Logistical Headaches of a DIY LPA
Beyond these critical drafting nuances, the practical side of a DIY LPA can also lead to significant headaches and delays. These administrative hurdles, if not navigated precisely, can invalidate your document or cause immense stress:
• The Strict Signing Process: The Office of the Public Guardian (OPG) has very strict rules regarding the signing of LPAs – from the precise order of signatures to the requirement of using only black ink. Simple errors here are common and can invalidate the entire document, leading to rejection and the need to restart the process.
• Finding a Knowledgeable Certificate Provider: A crucial step is having a 'Certificate Provider' sign your LPA, confirming you understand the document and are not under duress. It's tough to find someone suitable who truly understands their legal obligations and the implications of their role, not just a friend or acquaintance.
• OPG Submission Challenges: Getting the completed documents packaged correctly and submitted to the OPG without issue is another point of stress. Any missing pages, incorrect forms, or procedural errors can result in the LPA being returned, causing frustrating delays and extra costs.
• Using LPAs with Institutions: Even after successful registration, many institutions like banks, utility companies, or healthcare providers prefer not to handle the original LPA document. DIYers often don't anticipate the need for certified copies, adding complexity and delay when your attorneys need to act quickly.
These examples illustrate how seemingly small details in a DIY LPA can have major, unintended consequences, causing significant stress, financial burden, and delays for you and your loved ones during what is already a difficult time.
Why Choose a Professional? WEP's Approach to Peace of Mind
Engaging a qualified professional like Westwood Estate Planning acts as your dedicated LPA advisor, ensuring a smooth, secure, and effective process that proactively avoids these risks. Our approach is built on expertise, empathy, and clarity, providing you with genuine peace of mind:
• Expert Certificate Provider Navigation: We guide you on who can act as your Certificate Provider and ensure this crucial role is handled correctly, guaranteeing your document's validity.
• Strategic Attorney Selection & Coordination: We facilitate in-depth discussions to help you choose the most suitable attorneys and ensure they understand how to work effectively and harmoniously.
• Clear Wording for Your Wishes: We translate your wishes into clear, legally sound language, providing straightforward guidance for your attorneys, ensuring your intentions are precisely captured.
• Streamlined Logistical Support: We handle the intricate signing process, meticulous OPG submission, and provide certified copies, removing the administrative burden and stress from you.
• Peace of Mind: Our service significantly reduces the risk of errors, and our professional indemnity insurance provides an added layer of security, protecting you and your family against unforeseen issues.
At Westwood Estate Planning, we believe putting LPAs in place should be a clear, empathetic, and reassuring experience. Our focus is on expert guidance and ongoing support, ensuring your LPAs are legally sound, truly reflect your wishes, and are prepared to withstand any unforeseen circumstances. We navigate the complexities so you don't have to.
When choosing an LPA provider, consider asking these key questions to ensure you receive the comprehensive service you deserve:
• 'How do you ensure my attorneys can act effectively, even if one is unavailable?'
• 'Can you provide specific examples of how precise wording in LPAs prevents future issues?'
• 'What support do you offer after registration, especially when dealing with banks or other institutions?'
Ready for Clarity and Peace of Mind?
While a DIY approach might seem simple, the potential for critical errors and unforeseen logistical burdens can lead to significant stress and expense. Expert guidance ensures your plan and documents are robust, effective, and truly provide the lasting peace of mind you deserve.
If you have questions about Lasting Powers of Attorney or want to understand how Westwood Estate Planning can assist you, I invite you to book a complimentary, no-obligation 15-minute LPA consultation with me today. This chat is an opportunity for us to discuss your specific situation, answer your questions, and clarify how our process works – ensuring you feel fully informed and comfortable with your choices. There's no hard sell, just a helpful conversation to help you gain peace of mind.
Click the link below to schedule your chat:
https://calendly.com/westwoodep/chat.
I hope to speak to you soon.
