In this article, we’re addressing an important topic that affects many people planning for the future: setting up a Lasting Power of Attorney (LPA) online. While the internet has made many legal processes more accessible, including the creation of LPAs, it’s crucial to understand both the benefits and potential pitfalls of this approach. At Blackstone Solicitors, we’re here to guide you through the process and highlight why seeking professional advice can be vital.
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Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is a Lasting Power of Attorney?
Before diving into the specifics of making an LPA online, let’s quickly review what an LPA is. A Lasting Power of Attorney is a legal document that lets you appoint someone (an attorney) to make decisions on your behalf if you become unable to do so yourself. There are two types of LPAs:
- Health and Welfare LPA: This allows your attorney to make decisions about your health care, living arrangements, and other personal matters.
- Property and Financial Affairs LPA: This authorises your attorney to handle your financial matters, such as managing bank accounts, paying bills, and making investments.
The Process of Making an LPA Online
Creating an LPA online can be an appealing option for many due to its convenience and potential cost savings. The process generally involves the following steps:
- Visit the Official Government Website
The first step is to go to the official government website for LPAs. This site provides the necessary forms and guidance on completing them. You can access the forms for both types of LPAs and follow detailed instructions provided online.
- Complete the Forms
You will need to fill out the required forms, including information about yourself, your chosen attorneys, and any specific instructions or preferences you have. The online system typically guides you through this process with prompts and explanations.
- Sign and Witness
After completing the forms, you need to print them out, sign them, and have them witnessed. The witnesses must be independent and not related to you or your attorneys. This step ensures that the LPA is valid and that you’re not being coerced.
- Register the LPA
Once signed and witnessed, you’ll need to submit your forms to the Office of the Public Guardian (OPG) for registration. There is a registration fee of £82 per LPA, which you can pay online.
- Receive Confirmation
After the OPG processes your application, you will receive confirmation that your LPA is registered and legally effective.
The Advantages of Making an LPA Online
There are several benefits to creating an LPA online:
- Convenience: You can complete the process from the comfort of your home at any time that suits you.
- Cost-Effective: The online system can be less expensive than hiring a solicitor, as you’re only paying for the registration fee and not professional service fees.
- Immediate Access: The online platform provides instant access to forms and instructions, which can expedite the process.
Potential Pitfalls of Making an LPA Online
Despite these advantages, there are important risks and considerations when creating an LPA online without professional assistance:
- Complexity of the Process
While the online system provides guidance, it may not cover all the nuances of your specific situation. LPAs can be complex, and if your personal circumstances are unusual or intricate, you might miss critical details that could invalidate the LPA or lead to unintended consequences.
- Risk of Errors
The online system relies on you to accurately complete the forms and follow the instructions. Even a minor error, such as incorrect information or missed signatures, can lead to delays or the rejection of your application.
- Limited Personalised Advice
Online tools offer a one-size-fits-all approach. They cannot provide the personalised advice that a qualified solicitor can. Professional advice ensures that your LPA reflects your unique needs and preferences and that you fully understand the implications of your decisions.
- Potential for Misunderstanding
Without professional guidance, you might misinterpret instructions or the legal implications of certain choices. For example, understanding the full implications of choosing multiple attorneys or setting specific conditions can be challenging without expert advice.
- Legal and Procedural Safeguards
A solicitor ensures that all procedural and legal safeguards are in place. They can advise on the best way to structure your LPA to prevent potential disputes or challenges. This level of care and attention is difficult to achieve through a purely online process.
Why Professional Help Matters
- Expertise and Accuracy
Solicitors have the expertise to ensure that your LPA is drafted accurately and legally sound. They can help you avoid common pitfalls and ensure that all legal requirements are met.
- Personalised Guidance
A solicitor provides tailored advice based on your specific situation. They can help you make informed decisions about who to appoint as your attorney, what powers to grant, and how to handle any special instructions or conditions.
- Peace of Mind
Knowing that a professional has reviewed and validated your LPA offers peace of mind. You can be confident that your document will stand up to scrutiny and accurately reflect your wishes.
- Handling Complex Situations
If your situation is complex—such as involving multiple attorneys, specific conditions, or unusual instructions—a solicitor can provide valuable guidance to navigate these complexities and ensure your LPA is effective and enforceable.
Conclusion
Creating a Lasting Power of Attorney online offers convenience and potential cost savings, but it’s not without its risks. While the online process is accessible and straightforward, the complexities of LPAs and the potential for errors highlight the importance of professional assistance. At Blackstone Solicitors, we’re dedicated to providing expert guidance to ensure that your LPA is properly drafted, legally sound, and tailored to your specific needs.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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