Creating a Lasting Power of Attorney can be quite a complex process. An LPA form covers your general details, your attorneys details, the decision on how the attorneys should act, whether you have replacement attorneys, or people to notify, your certificate providers details (these are the people confirming you have capacity) and the option of giving detailed instructions on how your finances are handled. As such, people are likely to make some common errors when producing a Lasting Power of Attorney application.
The only sure way to ensure you’ve covered all areas of the application is to speak to a solicitor. Black Norman Solicitors are Lasting Power of Attorney solicitors based in Crosby, Liverpool who can help you with your LPA. However, do keep reading on to learn more about some of the common mistakes.
A Lasting Power of Attorney (LPA) is a legal document designed to outline who will take care of your financial affairs and/or your property should you be unable to do so. By creating an LPA, you appoint an attorney to handle your affairs.
Once your LPA has been registered, only then can your appointed person act on your behalf, in the event of your mental incapacity.
The cost for registering an LPA is £84 per document, there are two types (Property and Financial affairs and Health Welfare).
There are a few mistakes that people make when creating online Lasting Power of Attorney forms.
Names – One common mistake people make is not giving all the correct names for the application. It can be easy to not include some given names, but all names, including middle and last names should be on the form. These are your legal names rather than self-identifying names such as nicknames.
Dates – Another example of an administrative error is using the wrong dates or signing and dating forms in the wrong order. The person submitting the LPA must sign all forms first and then the other parties must avoid doing so themselves. Alternatively, some people also submit the wrong forms altogether for their requests.
Contradictory instructions – On the GOV.uk website it also outlines that giving contradictory instructions can also impede the application process and cause the application to be rejected. A good example of this is ‘Person A can be allowed to withdraw money’ and then separately ‘Person A cannot take cash directly from a bank account’. This makes the LPA unworkable and can cause confusion leading to the application being rejected.
Correct witness – Finally, using the correct witness is key when setting up an LPA. The person appointing the LPA cannot have their attorney witness the signature as this would be a conflict of interest. Moreover, choosing the right witness is important and the most effective way of doing this is by working with a solicitor.
Recently there has been some developments for anyone looking to appoint an LPA. The process has been moved online which has made the Power of Attorney process in the UK much easier for individuals. However, there is still a lot of room for error when it comes to making an Online Power of Attorney application.
Read our blog post on everything you need to know about Online Power of Attorney to learn more.
As you can see there is a lot of room for error when it comes to creating a Lasting Power of Attorney. As such we would recommend that you work with a more experienced party who can assist you with the process.
Black Norman Solicitors have dedicated and experienced Lasting Power of Attorney solicitors based in Crosby, Liverpool who can help you with your LPA at the utmost discretion. Our solicitors offer a range of extensive services including Wills, Court of Protection and Lasting Powers of Attorney.
Get in touch with our team today to get started with your Lasting Power of Attorney application.
