Are LPAs Good For Clients?
Since the LPA forms were finalised I have been lecturing frequently on
LPAs to the legal profession. The cost of LPAs has come up on every
outing I have done and I thought members might be interested in
another point of view.
Although we have benefited from the ease of selling EPAs and the
benefits they give to donor's who do lose mental capacity, they are
not without their flaws. Like any power of attorney they work only if
the person appointed is trustworthy. Many EPAs are made and registered
within a short time of their creation and almost from the day they
came into being there has been concerns about the mental capacity of
some of the people making the power. Many people make EPAs without
ever coming into a solicitors office and do not get advice on the
document.
LPAs address many of the concerns we have had about EPAs. They are by
their nature more complex and time consuming and there will be an
impact on what we charge and I do not attempt to suggest otherwise.
However, I do think that we can adapt to the new regime and make the
following comments in no particular order of importance:
1. We need to prepare clients for the meeting- giving them literature
about LPAs as well as what they need to bring in ; get our marketing
material and paperwork ready - SFE have prepared literature which
members will have the opportunity to get in early September. The
marketing material will be sent sooner to everyone.
2. Although the form is 25 pages long not all of it will need to be
used. You will only need to complete every page if you act for a
client who has no ability to sign their own name and has not named
anyone to be notified of the registration. This in practice would
apply to few.
3. The more you are familiar with the LPA form the quicker you will be
in completing the form.
4.The MCA raises the mental capacity required to make an LPA and in
doing so means that people are less likely to do it themselves. It
provides a much better safeuard than EPAs- I have at times felt
uncomfortable with the limited test of capacity in RE K re F.
5. There is no plan B- the only alternative is to apply for an order
from the COP for a deputyship for those who do not plan ahead- more
expensive, time consuming and laborious than at the moment- just look
at the forms!
6. There are not many specialists who will be able to advise on these
as well as SFE members and we should use this as a marketing
opportunity.
7. I have not come across anyone who would do an LPA for a fixed fee
in the early days and perhaps it would be better to address this issue
6 month in when everyone will have done a few (hopefully lots). The
borderline cases would never be done for a fixed fee so we are really
talking about those people who are fit and well and make then as an
insurance against future mental incapacity. It will be harder to sell
but not impossible and maybe SFE can lead the way in sharing
information about how we best market them.
8. I think LPAs could raise the status of this type of work- something
we would all welcome.
There are many charities out there who are looking forward to the
introduction of LPA as the client group they represent will benefit-
particularly for the welfare power. Lets not right them off before
they have had a chance to be tested. I know not everyone will agree
but it is just another point of view.
Regards
Caroline Bielanska
Chair SFE
http://www.solicitorsfortheelderly.com/public/index.php