If you want to read more about it - you can download the Co-op’s free guide to making a Lasting Power of Attorney.
Why use a professional Lasting Power of Attorney service?
We offer an advice led legal service through both our online and telephone channels. Many other online Lasting Power of Attorney (LPA) websites simply provide a D-I-Y document production service. The distinction is very important. LPAs are incredibly powerful documents and it’s very easy to make mistakes or misunderstand what they are, what they do and how they can be used.
That’s why we ensure that all of our customers (including those who complete the online journey) receive a bespoke, tailored telephone consultation to review their wishes and discuss their circumstances and options with an expert before their LPAs are drafted and paid for.
What our professional fee includes:
advice upon the different types of LPAs available and their benefits
advice on the choice of attorney and replacement attorney(s) and how and when they can act
advice on the appointment of an appropriate certificate provider
advice upon any appropriate preferences or instructions to be attached to the LPA, which can limit the things that attorneys can do
preparation of the LPA documentation
sending the bound LPA with full instructions via post for signing by the donor, attorney(s) and certificate provider
once signed and returned, we check that the LPA has been signed correctly by all the parties in the right order
completion and submission of papers for the registration of the LPA at the Office of the Public Guardian
all correspondence with the Office of the Public Guardian
dealing with any challenges or requisitions raised by the Office of the Public Guardian
the return of the registered, bound LPA for safekeeping together with additional solicitor certified copies if requested for their attorneys to use (at no extra cost)
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Start your Lasting Power of Attorney online
Start your Lasting Power of Attorney (LPA) online and get everything in place in 4 easy steps
The Dangers of a DIY Lasting Power of Attorney
Putting a Lasting Power of Attorney (LPA) in place while you're able to do so is the simplest and cheapest way to give someone legal authority to step in and take control of your affairs for you. Where issues arise is by people trying to draft these documents themselves, without professional advice.
An LPA is a legally binding document which is more complex that you might expect, and it's easy to get this wrong. Do you know how to appoint replacement Attorneys, for example, or how to appoint multiple Attorneys to act either jointly or severally? If you want to leave instructions for your Attorney(s), do you know how to word these in a way that makes them legally sound and avoids any ambiguity?
A poorly drafted LPA could be found to be invalid or ineffective when it's needed, meaning that it's essentially worthless.
Another risk of going it alone is that your appointed Attorney may not be clear on what is and isn't permitted in their role. Remember that when your LPA comes into effect your Attorney is likely to have a lot on their plate. They may be caring for you or coming to terms with an accident or illness that has taken your mental capacity. The last thing you want is for them to be hauled before the Court of Protection because of an accidental breach of duty.
Investigations by the Office of the Public Guardian
The Office of the Public Guardian (OPG) is the Government organisation responsible for overseeing Lasting Power of Attorney and Deputyship arrangements in England and Wales. The priority of the OPG is to protect people who are not able to make (or express) their own decisions.
If the OPG believes that an Attorney or a Deputy is acting in a way that is not in the best interests of the individual, then they will launch an investigation.