The importance of legal advice and choosing the right attorney

The OPG’s guidance emphasises the importance of choice and structure during the drafting stage to ensure that your LPA meets with your wishes and requirements. By consulting with a Solicitor during the preparation of your LPA, you can receive advice on tailored instructions or preferences to include in your LPA to protect your position and potentially limit the gifting powers of your attorneys.

When deciding who to appoint as an attorney, you should carefully consider who you trust to act in your best interests. There may be individuals who you trust to undertake decisions in relation to your property and finances but not health and welfare decisions, or vice versa. It is possible to appoint different individuals under each type of LPA which might relieve this concern.

Your LPA will likely be used several years after it has been prepared, as a result, it is sensible to choose attorneys who are the same age or preferably younger than you so that they are more likely to be able to act. Although many providers are moving to electronic signatures, there may also be problems if your attorneys live overseas and are unable to sign any required forms.

Attorneys can be appointed in several different ways which impacts how the LPA can be used. We can advise how best to appoint your attorneys tailored to your circumstances to mitigate any foreseen complexities in the future.

If you are concerned about how an LPA is being managed or need advice on drafting your own, our team can help you navigate these complex rules.