LPAs and Digital Danger
Lasting Powers of Attorney (“LPAs”) are legal documents that allow a person (“the Donor”) to choose one or more individuals (“Attorneys”) to handle their affairs in the event that they can no longer do so themselves. Attorneys are able to make important decisions about the Donor’s assets and finances, as well as the ability to make decisions about their health and welfare, including end of life care.
LPAs are extremely important documents with serious implications for all involved. As the government encourages us to complete these legal documents online, the scope for fraud and undue pressure is far greater, leaving people open to financial abuse.
The law requires that the Donor understands the purpose of the LPA and the authority given to the Attorneys, and that no fraud or undue pressure has been used to persuade the Donor to create the LPA.
Without legal advice, it is far easier for an LPA to be falsified or for the Donor to create a document that they do not fully understand and may not be comfortable with. It is important that the Donor understands their options and choices, and that the LPA is completed to ensure that it fully meets with the Donor’s wishes.
A discussion with a solicitor will leave the Donor feeling confident that the LPAs accord with their wishes and the legal requirements have been dealt with correctly. Advice can also be given to Attorneys about their responsibilities so that they understand the job they made need to do.
Please contact a member of the Private Client Team at our Tadley or Reading Offices if you would like to discuss making an LPA.