Can You Do Power of Attorney Without a Solicitor?
The power of attorney (POA) is a legal document that allows an individual to appoint another person to make decisions on their behalf. It is an important document, and it is important to make sure that the POA is correctly drafted and legally valid.
It is possible to apply for an LPA directly, without help from a professional, however, this route is not without risk. Research by the Office of the Public Guardian suggests around 75% of those submitting LPAs seek professional help in some form.
It is important to understand the risks associated with preparing a POA without the help of a solicitor. Here are some of the key considerations:
1. Making sure the POA is legally valid
A POA must be drafted in accordance with the Mental Capacity Act 2005. This means that the document must be correctly worded and must include all the necessary information. If the POA is not correctly drafted, it may not be legally valid.
2. Understanding the implications of the POA
A POA is a powerful document and it is important to understand the implications of granting someone the power to make decisions on your behalf. It is important to consider the potential risks and to make sure that the person you are appointing is trustworthy and reliable.
3. Ensuring the POA is registered
In order for a POA to be legally valid, it must be registered with the Office of the Public Guardian. This is a legal requirement and failure to register the POA may mean that it is not legally valid.
4. Making sure the POA is up to date
It is important to make sure that the POA is kept up to date. If there are any changes to the circumstances of the person granting the POA, or the person appointed to act on their behalf, it is important to update the POA accordingly.
5. Getting advice
If you are considering applying for a POA without the help of a solicitor, it is important to get advice from a qualified legal professional. They will be able to advise you on the best way to proceed and ensure that the POA is legally valid.
In conclusion, it is possible to apply for a POA without the help of a solicitor, however, it is important to understand the risks associated with this approach. It is important to make sure that the POA is correctly drafted and legally valid, and to make sure that the person you are appointing is trustworthy and reliable. It is also important to make sure that the POA is registered and kept up to date. If you are considering applying for a POA without the help of a solicitor, it is important to get advice from a qualified legal professional.
15 Mei 2020.