A power of attorney is a legal document that enables you to appoint someone to act on your behalf should you lose your mental capacity or be indisposed. There are two types of LPA – one is for property and financial matters, which can be used as soon as it is registered, while the other is for health and welfare and can only be used when you have lost mental capacity. Although an LPA is a legally binding document that is several pages long, it is possible to create an LPA without using a solicitor.
How do you make a power of attorney?
The first decision is whether you want to use a solicitor. It is reasonably easy to download the required forms and, if you are financially literate, you should be able to fill them out in the correct order and get them correctly signed before sending them off to be registered.
If you are at all unsure and want the reassurance of knowing everything has been done correctly, you can use a solicitor or other UK power of attorney expert. You can find out more about UK Power of Attorney here.
DIY
Visit the GOV.UK website to obtain the online forms and either download them to fill in or fill them in online before printing and signing. You can obtain help from the Office of the Public Guardian if you are unclear about anything.
It is important that the forms are signed in the correct order, with the donor signing before the certificate provider, attorneys, and witnesses.
If you make a mistake, you will have to begin the process again and may have to pay another fee.
Expert reassurance
If you try to register your power of attorney and it contains mistakes, it will be rejected. Another mistake that might occur is that the donor doesn’t have the mental capacity to understand what is happening, whereas a solicitor can act as a safeguard and ensure the donor is appointing an attorney, or attorneys, freely.