World Alzheimer’s Day takes place on 21 September, an annual global event to raise awareness and challenge the stigma around Alzheimer’s disease and other dementia.
More than 55 million people worldwide live with Alzheimer’s and there are around 900,000 people living with dementia in Britain today, with millions more caring for their loved ones.
Dementia may include problems with memory loss, mental sharpness, language, and understanding.
Symptoms get worse over time, and most people with dementia will reach a point where they can no longer make decisions for themselves about their finances or care.
It is vital that before an individual loses capacity, they have a Lasting Power of Attorney (LPA) in place to ensure someone they trust has the legal authority to make those decisions on their behalf.
Making an LPA means they can also state their preferences about their future care and affairs while they are able to.
Without an LPA, your loved ones may end up applying to the Court of Protection to act as your deputy, a process which can be stressful, time consuming and costly.
Lawyer for LPA Applications
Whilst it is not a legal requirement that you use a lawyer for a power of attorney, instructing the help of a lawyer with experience in LPA applications could prove invaluable.
LPA forms can be complicated, and it is easy to make mistakes during the application process. Latest figures from the OPG and Ministry of Justice show that during the tax year 2023–2024, 15% of LPA applications contain errors and almost 51,000 LPA applications were rejected as a result.
If you are considering making an LPA and need some assistance, get in touch with Langley Wellington LLP. Our LPA lawyers in Cheltenham and Gloucester can help with all aspects of the process.
For more information, or to speak to one of our lawyers with experience in LPAs, please call 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham) or email lawyers@langleywellington.co.uk.
Read more about how to make an LPA here.
In this blog, our experienced Power of Attorney Lawyers in Gloucestershire consider some common mistakes made in LPA applications and reveal how a lawyer can help.
- Signing the forms in the wrong order.
A power of attorney application must be signed and dated by particular people in a certain order:
- The donor signs first.
- Then the witness must sign to verify the donor’s signature.
- The certificate provider signs their section.
- Attorneys and/or replacement attorneys sign.
- The witness signs to verify the attorneys and/or replacement attorneys’ signature.
This can be confusing, and many LPAs are signed or dated in the wrong order, causing them to be returned or rejected.
Enlisting the help of a lawyer will ensure it is signed, dated and witnessed by the right people in the correct order.
- Mixing pages.
There are two main types of LPA:
- Property and financial affairs. This allows an attorney to make decisions on your behalf about your property and finances, such as paying bills, collecting benefits, and, if need be, the authority to deal with the sale of your home.
- Health and welfare. This type of LPA allows an attorney to make decisions about your day-to-day care and medical treatment.
Most people choose to make both types of LPA, usually at the same time. With each form running to around 20 pages in length, it can be easy to inadvertently mix up the pages on the different forms.
A lawyer will ensure your form is completed accurately and take the time to review your application to check the page numbering is correct.
- Family members as certificate providers.
A ‘certificate provider’ for a power of attorney is an independent person who confirms the donor understands the document, has the mental capacity to create it, and is doing so by their own free will.
Family members cannot be a donor’s certificate provider. An LPA lawyer will advise on suitable certificate providers who meet legal requirements.
- Including unlawful requests.
If an LPA application contains an unlawful instruction, the OPG has a statutory duty to seek guidance from the Court of Protection. While this won’t necessarily invalidate your LPA, it will slow down the process of registering it.
Invalid or unlawful requests could include instructing attorneys to make gifts to avoid care costs, setting up trusts for grandchildren, or references relating to assisted dying.
OPG guidance recommends seeking legal advice on any instructions you want to include in your LPA to ensure it is lawful.
Power of Attorney Lawyers Near Me
At Langley Wellington LLP, our specialist private client team has extensive experience drawing up LPAs and can guide you through the process.
To find out more about LPAs and how we can help, please click here.
To speak to our friendly and professional team today, please call 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham) or email lawyers@langleywellington.co.uk.
Alternatively, you can fill in this contact form.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
