When it comes to planning for the future, few documents are as important as a Lasting Power of Attorney (LPA). This legal tool allows you to appoint someone you trust to make decisions on your behalf if you’re no longer able to do so yourself. A DIY lasting power of attorney can come with many risks.
With the rise of online services and downloadable power of attorney forms, creating an LPA might seem straightforward enough to tackle yourself. Unfortunately, the reality is far more complicated than many people realise, and at FJG, we regularly see the consequences when a DIY lasting power of attorney go wrong. Often, these problems only come to light at the worst possible time – when someone has already lost capacity and their family desperately needs that LPA to work.
Understanding what you’re actually signing
Before we explore the risks, it’s worth considering the power of attorney form meaning. Many people think they’re simply nominating someone to help out if needed. In reality, you’re creating a legally binding document that grants another person the authority to make significant decisions about your health, care, or finances.
There are two types of LPA: one for Property and Financial Affairs, and one for Health and Welfare. Each carries different powers and responsibilities. Understanding which you need, and whether you need both, isn’t always obvious from a standard template form.
When simple forms hide complex decisions
Online services can make the process look deceptively simple. Fill in some names, tick a few boxes, get it signed, and you’re done. But a lasting power of attorney is a powerful legal document that hands over control of your health, welfare, or finances to another person. The choices you make have real, lasting consequences.
Many issues stem from people not fully understanding what they’re signing up for. For example, if you’re appointing more than one attorney, should they act “jointly” or “jointly and severally”?
Put simply, jointly means all your attorneys must agree on every decision together. Jointly and severally means each attorney can act independently without consulting the others. There’s also a middle ground where some decisions require everyone’s agreement whilst others don’t.
The right choice depends on your circumstances and the relationship between your attorneys. But DIY forms don’t always explain these options clearly. Choose jointly and your entire LPA fails if one attorney can no longer serve. Choose jointly and severally and any single attorney could sell your house without the others knowing.
Other questions require careful thought too: What happens if one attorney can no longer serve? Are there specific decisions you want to restrict? These aren’t straightforward, and the right answer isn’t always obvious from a template form.
The problem with legal wording in a DIY lasting power of attorney
One of the most common problems with a DIY lasting power of attorney is poorly drafted instructions and preferences. You might think you’ve expressed your wishes clearly, but legal documents require precise language.
We’ve seen cases where well-meaning instructions contradict each other, leaving attorneys uncertain about what they can and cannot do. Worse still, if your wording doesn’t comply with legal requirements, the Office of the Public Guardian (OPG) will reject your application outright. That means starting again from scratch and paying the registration fee twice.
When family situations aren’t straightforward
DIY lasting power of attorney forms assume everyone’s family situation is simple. Modern families are often anything but.
If you’re in a second marriage, have children from previous relationships, or have estranged relatives, your choice of attorney becomes particularly important. Similarly, if there are safeguarding concerns, perhaps a family member who’s financially vulnerable, you need to think carefully about the structure of your LPA.
For those with significant assets, investment portfolios, or property holdings, the stakes are even higher. Your attorneys will have considerable power over your wealth, and the wrong structure could expose you to financial mismanagement or family disputes.
Business owners: a separate challenge
If you run a business, a standard Property and Financial Affairs LPA does not automatically give your attorney the power to run your company.
Business LPAs require specialist drafting to ensure they work alongside your partnership agreements, company articles of association, or any regulatory requirements in your industry. Without properly drafted provisions, your business could effectively grind to a halt if you lose capacity.
The signature minefield for a DIY lasting power of attorney
Power of attorney forms must be signed in a very specific order. You sign first, then your certificate provider, then your attorneys. Get this wrong, and your LPA is invalid.
You also need witnesses for certain signatures, and these witnesses must meet specific criteria. The certificate provider must meet particular requirements too.
We regularly receive calls from people whose DIY lasting power of attorney have been rejected because of signature errors. It’s one of the most common reasons for rejection, and it’s entirely avoidable with proper legal guidance.
The high cost of getting it wrong
The danger with a faulty LPA isn’t just the wasted time and money of having your application rejected. The real risk is what happens if you’ve already lost capacity by the time the problems come to light.
If your lasting power of attorney is rejected and you no longer have the mental capacity to create a new one, your family will have no choice but to apply to the Court of Protection for a deputyship order. This process is expensive, slow, and incredibly stressful.
Court proceedings can take many months, during which your family may be unable to access your finances, sell property on your behalf, or make important care decisions. This is exactly the situation an LPA is designed to prevent.
Getting it right first time
A solicitor-prepared LPA costs more upfront than a DIY version, but it ensures your document is properly drafted, correctly executed, and will actually work when you need it to.
At FJG, we take the time to understand your situation and explain your options clearly. We’ll help you think through who to appoint, how they should act, and whether you need any specific instructions or restrictions. We’ll make sure everything is signed correctly, and we’ll register it with the OPG on your behalf.
How we can help
Shannon Robey is a Solicitor in our Wills, Life Planning and Probate team, based in Chelmsford.
If you’re thinking about putting a lasting power of attorney in place, get in touch with Shannon or a member of our team on 0845 543 5700 or via our online enquiry form. We’ll give you straightforward advice about what you need and help you create an LPA that gives you and your family genuine peace of mind.