Lasting Power of Attorney, Uncategorized

The Importance of Instructing a Solicitor or Professional when Preparing a Lasting Power of Attorney

A Lasting Power of Attorney is a powerful and important legal document.  By making a Lasting Power of Attorney you are setting up an arrangement which will potentially give someone authority to deal with everything you own and your personal care at a time when you will be at your most vulnerable.

The benefits of using a solicitor/professional are as follows:

  1. A dedicated professional whose expertise are those of drafting Lasting Powers of Attorney. They will look after you throughout the whole process.
  1. They will prepare all documentation for you and explain all options that can be taken.
  1. They will deal with the registration process with the Office of the Public Guardian.
  1. They will agree a fixed price up front with no hidden charges.
  1. They will act as your certificate provider so that no third party is required.

There are many errors that can be made when preparing a Lasting Power of Attorney but by using a solicitor/professional who specialises in Lasting Powers of Attorney, these errors are less likely to occur.

Some common errors are:

  1. When appointing more than one Attorney and you appoint those Attorneys jointly, if one Attorney predeceases the Donor or is unable to act for any reason, then the other Attorney cannot act alone. Therefore, the Lasting Power of Attorney becomes void.  This would result in a new Lasting Power of Attorney having to be made.
  1. There is a strict order of signing the Lasting Power of Attorney which must be maintained. First must be part A, then part B and finally part C.  If these are signed and dated in the incorrect order the Lasting Power of Attorney would be rejected at registration with the Office of the Public Guardian.
  1. Any mistakes made on the Lasting Power of Attorney must be crossed through, written again and initialled by the person completing that particular section and witnesses if appropriate. If the mistakes are not initialled again, the Lasting Power of Attorney could again be rejected at registration.

These errors are just to name a few but there are many more that could cause a Lasting Power of Attorney to be rejected when registering.

In some cases, the Donor may require use of the Lasting Power of Attorney quite urgently.  Registration is currently taking 2-3 months, however, if the Lasting Powers of Attorney is rejected at registration this can hold things up considerably.

Therefore, it is beneficial to instruct a Solicitor/Professional to prepare a Lasting Power of Attorney. Please contact our Elderly Client Department for more information on:

Pudsey – 0033 3344 9606

Yeadon – 033 3344 9609

or email info@morrishsolicitors.com

 

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