How to Find your Legal Expert: Part 9 – Lasting Power of Attorney Solicitor

We all know the importance of making and updating a Will, but few people realise that having a Lasting Power of Attorney in place is just as essential. In this ninth edition of the How to Find your Legal Expert series, we have put together some useful tips to help you understand what to look out for when searching for a Solicitor to help you with setting up an LPA.

Unfortunately, for many people, making important decisions regarding health and finances can eventually become harder due to failing mental faculties, or simply down to poor general health. In these circumstances, it may be necessary to put a Lasting Power of Attorney in place so that a third party can make health and financial decisions on behalf of the person who no longer has the mental capacity.

1. Recommendations – Firstly, you could ask friends or family if they have recently used a solicitor to put an LPA in place. Did their experience go as smoothly as they hoped? Did they get the right help and support from the solicitor? Would they recommend the firm that they used?
2. Website – A quick Google search can identify local solicitors that provide LPA services in your local area. Once you have found a firm, look at their website. Do they look professional? Read their history and background. You will also be able to get contact information.
3. Google Reviews – Google is a great place, however, sometimes it can be very misleading. Once you have found a law firm, look at their Google reviews to see what previous clients have to say about their experience with them. Even if you are looking for reviews specifically relating to LPA services, read a selection as they will provide an overall opinion about the firm.
4. Legal Jargon – Understanding the terminology used by solicitors can be confusing so it is useful to find a law firm that will explain the process of setting up a Lasting Power of Attorney without all the legal jargon.
5. Fee Transparency – It is important that you are clear on the costs involved from the outset. The basic price should be communicated with you and it is advisable that you check if there are any additional costs that you need to be aware of so that there are no nasty surprises when you get the bill.
6. Comparing Costs – As tempting as it may be to choose the cheapest firm, this can have consequences. You may not receive a quality service, they may not be qualified or insured and therefore we recommend you do your homework first.
7. Initial Consultation – Most law firms offer an initial consultation, sometimes free of charge. The meeting enables you to discuss what you need and gives you the opportunity to get a feel for the expert and decide if they are understanding, friendly and professional before you commit.
8. Legal bodies and accreditations – Check that the firm you are considering appointing has all the necessary qualifications and accreditations to carry out the work.

As well as best practices and top tips, there are also certain legal bodies that you should look out for regarding the regulation of the firm and individual qualifications. Identifying these helps ensure that you are being provided with the right service and top-quality professional help.

SRA (Solicitors Regulation Authority) – the SRA logo and a registered number should easily be seen on the firm’s website and linked to a page that states the website has been verified by the SRA. This means that:

• everyone who works for the firm must meet the high standards the SRA set
• this firm must have the right level of insurance to protect you in case something goes wrong
• you may be able to claim through the SRA Compensation Fund to have your money reimbursed if this firm or a solicitor working for it loses your money.
• you can complain to the SRA if you are concerned about the behaviour of this firm.

Other than the firm being regulated by a recognised regulatory body (like the SRA), the individual solicitor needs to be fully qualified or be a legal executive with experience to be able to advise you on your legal needs.

The Association of Lifetime Lawyers (Formally SFE – Solicitors for the Elderly) – there is a requirement for passing of exams before becoming a member, followed by ongoing professional development and adherence to a professional code of conduct so you can be sure you are in safe hands.

STEP (Society of Trusts and Estate Practitioners) – the leading worldwide professional body in Will drafting, Trusts, Estates, and related matters.

When setting up a Lasting Power of Attorney, it’s important to consult a legal expert. There are several issues that can occur so seeking expert advice is crucial to ensuring it is set up correctly and legally:

Witnesses – Just like a Will, in order for an LPA to be legally binding, it must be signed and witnessed. Without this the LPA can be rendered null and void, taking away all powers from the third party.

Legal Jargon – throughout the process of setting up an LPA, there is a wide range of legal jargon involved. Having a Solicitor guiding you through the process helps to ensure that everything is done and understood correctly.

Financial authorities – Without a correctly registered Financial LPA, banks and other financial institutions may reject the application, causing a waste of time and money.

Healthcare authorities – If an LPA is registered incorrectly, the Attorney is left at risk of having no power or say over the health decisions of the loved one.

Unnecessary delays – there are strict time restraints when setting up an LPA so trying to complete all the necessary forms and go through the process without the help of an expert can result in unnecessary delays and risks the application not being successful.

At Backhouse Solicitors, our team will explain in simple terms how Lasting Powers of Attorney can be used to protect you and your family should the worst happen.  We will help you prepare and register the LPAs that work for you and if no other suitable person is available, we can even act as an Attorney on your behalf.

If you need advice surrounding a Lasting Power of Attorney, contact our friendly team and book a free 30-minute consultation.

Coming Soon – How to Find your Legal Expert – Part 10 – Property Lawyer

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
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