Should You Do a Lasting Power of Attorney Yourself or Use a Solicitor?

Creating a Lasting Power of Attorney (LPA) is one of the most important legal steps you can take to protect yourself and your loved ones. It gives someone you trust (your ‘attorney’) the legal authority to make decisions on your behalf if you lose capacity in the future. But when it comes to actually setting up an LPA, many people face a key question: should you do it yourself or use a solicitor?

What Is an LPA?

There are two types of LPA in England and Wales:

a Health and Welfare LPA – for decisions about medical treatment, care, and daily routines,

and a Property and Financial Affairs LPA – for managing money, bills, property, and other assets.

Both types must be registered with the Office of the Public Guardian (OPG) before they can be used.

Doing It Yourself – The DIY Route

It is entirely possible to complete and register an LPA yourself using the online tools provided by the government. For straightforward situations – for example, if you are appointing a spouse or adult child as your only attorney and your finances are simple – a DIY LPA can be a cost-effective option.

However, there are risks.

Many people underestimate the legal and practical complexities of LPAs. One small error can render the document invalid or severely limit its usefulness. Here are some common pitfalls of doing it yourself:

• Mistakes on the forms: Incorrect details, missing signatures, or forms filled out in the wrong order can lead to rejection by the OPG.
• Unclear instructions: Ambiguous wording or contradictory clauses can create confusion or conflict later on.
• Not understanding the implications: People often misunderstand how and when an LPA can be used, especially with regards to mental capacity or joint attorney powers.
• Lack of tailored advice: If you have complex assets, business interests, or family dynamics (such as estranged relatives or blended families), a DIY LPA may not provide adequate protection.

Worryingly, many LPAs created without legal advice are only discovered to be flawed when it’s too late – typically when the donor has lost capacity and the LPA is needed urgently.

The Advantages of Using a Solicitor

For many, especially those with more complicated needs or simply looking for peace of mind, working with a solicitor is the better route.
Benefits include:

• Expert advice: A solicitor will explain the implications of different choices (such as joint vs. joint and several attorneys) and help you make informed decisions.
• Tailored drafting: They can include bespoke instructions or preferences that reflect your specific wishes and avoid ambiguities.
• Avoiding rejection: Solicitors are experienced in preparing forms correctly, minimising the risk of costly delays or rejections by the OPG.
• Capacity checks: If there is any concern over mental capacity (e.g. due to early dementia), a solicitor can assess and document it properly to protect against future disputes or legal challenges.
• Future protection: A solicitor can also store the document securely and provide advice on how and when to use it.

While using a solicitor does come with additional cost, it is often money well spent for the security and reassurance it provides. It can also save your loved ones stress, time, and potentially much greater legal fees down the line. 

If you want to ensure your wishes are properly protected and your LPA is watertight, getting professional help is often the wisest choice. Contact your local HCB office and ask for a member of our Wills and Probate teams.

Disclaimer: This blog is for general information only and does not constitute legal advice. Always consult a solicitor for advice spe-cific to your situation.