An LPA can make life much simpler for a family when someone loses the ability to make their own decisions. Unfortunately, some people delay setting up an LPA, get the details wrong, or rush the process. This can lead to rejected forms, arguments between family members, or an LPA that doesn’t work when it’s needed most. Here are some of the most common LPA mistakes Bristol families make and how to avoid them.
Putting It Off Until It’s Too Late
One of the most common LPA mistakes Bristol families make is waiting until it’s too late. You can only make an LPA when you still have the mental capacity (additional reading) to do so. So if a person has already lost mental capacity, their family cannot just sign for them. The family will have to go through a court application process to get the authority they need. This is a lengthy, expensive, and restrictive process.
Setting up an LPA is essentially precautionary. It doesn’t take power over you immediately, but it does put a plan in place so you have support later if you need it.
Selecting the Wrong People as Your Attorneys
Attorneys have the legal right to make significant decisions, so this appointment needs careful consideration. Many people appoint their eldest child, a relative who lives close by, or someone who might feel offended if excluded from the LPA. But none of these are sufficient grounds to appoint an attorney.
For guidance when making these important decisions, Futura Planning Bristol can help you consider the practical and legal aspects of appointing attorneys.
An attorney should be:
- Reliable and responsible
- Able to think clearly in a crisis
- A good communicator
- Organised and detail-oriented
- Committed to acting in your best interests
It is possible to appoint multiple attorneys, but they need to be able to work together effectively. If there’s already tension between family members over money, care or family obligations, then asking them to make joint decisions may lead to more stress.
Getting the Two Types of LPA Mixed Up
There are two types of LPA, and they aren’t interchangeable.
A property and financial affairs LPA allows your attorneys to make decisions about finances, like your bank accounts, bills, pensions, investments and properties. A health and welfare LPA allows your attorneys to make decisions about healthcare and personal welfare, as explained at https://www.gov.uk/manage-lasting-power-attorney/health-welfare, including medical treatment, day-to-day routines and where you live.
A common LPA mistake Bristol families make is assuming that one LPA covers all situations. In reality, it doesn’t. It’s common for families to set up both types so that attorneys have clear authority over the major decisions that may arise.
Writing Overly Detailed Instructions
You can include instructions and preferences in an LPA, but these need to be practical. If your instructions are too general, overly prescriptive or conflicting, your attorneys won’t know what to do. For instance, if you require all attorneys to agree on every minor decision, that might seem sensible, but it can cause delays if one attorney is unavailable. Or, if you allow attorneys to act independently, that might not work for every family.
The goal is to find the right balance, giving enough instruction to express your preferences, but not so much that your LPA is hard to use. Paperwork is only part of it. Your attorneys also need to know what you would want. These things might not be mentioned by the family when things get difficult. You should ask the following questions:
- Should anyone be given power over your finances if you need assistance?
- What sort of care do you want?
- Is it important for you to remain at home?
- What about gifts between family members?
- Which people should be involved when key decisions are made?
These might be uncomfortable topics but can prevent future disagreements and disputes.
Mistakes Are Made on the Forms
LPAs require careful completion. Even minor errors could mean a lot of time wasted on resubmissions. Typical issues that arise include missing signatures, incorrect dates, name inconsistencies, empty sections and signing out of sequence. The donor, attorneys, witnesses, and certificate provider all have their roles. Failing to follow the rules will result in form corrections and resubmission. Ensure each page is reviewed before sending the LPA. Hasty completion of forms can ruin your careful planning.
Selecting an Inappropriate Certificate Provider
A certificate provider verifies that the donor fully understands what they’re doing and isn’t being coerced. This acts as a vital check. Their suitability and independence are crucial for them to discuss things properly with you and appreciate the importance of confirming that you have capacity and are making this decision freely. In the event of subsequent disputes or queries, their input might be questioned. Ensuring you select the appropriate person safeguards your LPA.
The LPA Is Unregistered
Until registration takes place, the LPA isn’t valid. Some families complete their LPA, then set it aside for ‘when you need it’. This can be problematic if there’s a requirement for one. Registration takes time and additional delays can occur if any errors are found. Registering the LPA straight away means it will be ready when you need it.
You Don’t Revisit the Document
Once it’s been drawn up, an LPA shouldn’t go into the drawer and be forgotten. The needs of an individual, or their circumstances, can change. The appointed attorneys might no longer be in touch with the donor due to distance, their relationship might have deteriorated, and the donor’s financial situation and health needs might have become more complicated. It makes sense to revisit the document after major life events, including marriage, separation, death, disability or the acquisition or loss of a large amount of money. An old LPA might not align with the donor’s requirements.
Before You’re Dependent Upon It
The main way to avoid problems with LPAs is to act early, pick your attorneys carefully, and ensure that your LPA is drawn up and registered correctly. In Bristol, proper consideration ahead of time can save your family from complications later. A thoughtfully constructed LPA enables individuals you trust to assist you whilst maintaining control of your affairs in the event you’re unable to do so.
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