Excuses People Use to Avoid Making a Lasting Power of Attorney and Why They Are Wrong

Setting up a Lasting Power of Attorney (LPA) is a must in today’s society. But despite this, many people do not have anything in place should the worst happen and they need someone to step in and manage their finances and well being for them.

A Power of Attorney is a document that allows someone you nominate to step in and manage your finances should you not be mentally capable of doing so.

Losing our capacity is not something any of us like to consider a possibility, however it is something that can happen to anyone and we should all be prepared. A few cost effective actions now can save a great deal of time, expense and emotional upset at a later date. As if you lose your capacity without having a LPA in place then your next of kin will have to go down the route of obtaining a guardianship which is a long and very expensive process.

Again, despite this being basic fact many people still make excuses not to put a Power of Attorney in place.

Some of the excuses that I have heard include:

I’m to young to need a Lasting Power of Attorney, those are for old people.

No, they are not, you’re never to young to need a LPA. When people think of losing capacity most of us think of elderly people with dementia, however losing capacity is not something that just happens to the elderly, and there are other ways besides dementia to lose our capacity. There are many ways to lose your mental capacity, an illness, a road traffic accident, a medical accident/negligence, or an assault are just some of the unfortunate events that can lead to a loss of capacity and these can happen at any age.

Lasting Powers of attorney give to much power to other people

No, attorneys cannot do whatever they like. You nominate your attorneys and hopefully that means you would nominate someone you would trust, and if you fall out or have a mishap in the meantime you can amend your Power of Attorney anytime before it is registered. You can also set limits on what your attorneys can and cannot do in the document. If you don’t want them to be able to sell your home for instance then you can stipulate that. As well as you having control of what the attorneys can and cannot do via the document you sign, the attorneys are also bound by laws to always act in your best interest and there are repercussions if they fail to do this.

If I make a Lasting Power of Attorney I have to register it right now, I’ll wait until it is needed.

No, it is entirely possible to write and sign a LPA but keep hold of it until you want to use it. This is because in order for a LPA to be used it must be registered, until it is registered it is just a piece of paper. So, you can make one when you are in your 30’s and not register it until you need it in your 70’s. Waiting until the LPA is needed is very dangerous, as you cannot make a power of attorney when you have lost capacity

In order to make a power of attorney the person making it must have capacity. They must be able to understand and agree to and what they are signing.

A Lasting Power of Attorney doesn’t last forever so what’s the point

There are different types of power of attorney, LPA are permanent, but an Ordinary power of attorney is not. An ordinary Power of Attorney is a document that you can set up to allow someone to look after your affairs while you are not able to, if for example you are out of the country, or unable to leave the house, or are in hospital for a while. This document gives someone else authority to act on your behalf. It is only valid while you still have mental capacity to make your own decisions about your finances. You can limit the power you give to your attorney so that they can only deal with certain assets, for example, your bank account but not your home.

I can only have one attorney and I don’t want to choose, it will cause fights in the family

No, you can have more than one attorney. The role of attorney is difficult at times and there is a lot of responsibility. So you can spread that about by having more than one attorney. This is called a joint attorney. You can appoint any number of attorneys in the same lasting power and you can specify if they can act on their own separately or if they must act jointly and come together. You can have them act jointly on some issues such as sale of property but have them act singly on all other issues there is a lot of flexibility and it is entirely up to you.

It’s too expensive to set up a Lasting Power of Attorney

It might have been expensive at one point in the past but these days it really isn’t. you can hire a solicitor to do this for you at a fixed fee, usually a couple of hundred pounds. Or you can have a go at it yourself using the government website which guides you through the process by asking you basic questions and completing the form on your behalf. It then provides you with instructions on how to sign the document to make it compliant with the regulations.

As you will have noticed the excuses people have for avoiding a LPA are simply untrue. The majority of people do not have a LPA waiting in the wings simply because it is one of those jobs that is often put aside for later, dismissed as unnecessary or considered too expensive.

You should now have a much clearer understanding of why a Lasting Power of Attorney is essential.

Selecting a Divorce Attorney

Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.

In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?

There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce
attorney, and how their attorney performed for them.

AFter you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about “results”.

Make sure you ask each divorce attorney questions about how that attorney’s office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.

Reduce Attorney Fees – 7 Strategies That Can Save You a Bundle

No one likes to pay excessive legal fees, but few clients know the simple steps they can take to reduce attorney fees. This article contains seven strategies that can save you a bundle in attorney fees.

1. Avoid Unscrupulous Attorneys. Most attorneys are dedicated professionals who take great pride in their work and serving the best interests of their clients. Unfortunately, there are some really rotten ones out there that give the legal profession a bad reputation. Before hiring an attorney, learn about their reputation in the legal community. Avoid unscrupulous attorneys who have a reputation for doing unnecessary work, transforming simple legal procedures into complex ordeals, and making every dispute exceptionally acrimonious – all designed to maximize the attorney fees.

2. Understand How Attorneys Charge. Attorneys typically charge clients an hourly rate, flat fee or contingency fee. The type of case will largely determine how the attorney will charge for their services. For example, an attorney representing a personal injury victim in an auto accident case will typically charge a contingency fee (i. e., one-third of the recovery). An attorney representing an individual in a divorce or criminal proceedings may charge a flat fee. A business law attorney will charge a corporate client an hourly fee to negotiate a contractual relationship and draft the agreement.

3. Initial Consultation. The initial consultation is the place to explain your legal problem to the attorney, state your desired outcome, and ask five specific questions that will help reduce attorney fees. First, what is the attorney’s initial assessment of your problem? Second, what steps would the attorney recommend to achieve your desired outcome? Next, how does the attorney charge for representation in your type of case? Fourth, what action can the client take to control the cost of legal services? Finally, if you retain the lawyer, what is the next step in the process?

4. Get A Second Opinion. If you are uncomfortable with one attorney’s assessment of your case or have misgivings about their representation, seek a second opinion. There are many different ways to approach a legal problem. It is important that you establish a comfort zone when you retain an attorney and have confidence in their approach to your legal problem.

5. Understand The Attorney-Client Agreement. The Attorney-Client Agreement is the legal contract that defines the relationship between the attorney and client including a thorough explanation of how the attorney will be compensated and charge for expenses related to your case. For example, if the Agreement states that the attorney will charge an hourly fee, understand that every minute that the attorney spends working on your case (telephone calls, reviewing letters and emails, client meetings, etc.) will later show up on your statement.

6. Review Your Statement. Most attorneys prepare itemized statements that state how the attorney’s time was spent and provides an explanation of the expenses. Be sure to review every statement for accuracy. If you don’t understand a charge, ask for an explanation.

7. Don’t Be Unreasonable. Unreasonable clients should expect to charged accordingly. One of the most important ways for a client to reduce attorney fees is by making informed and reasonable decisions about the management of their case.

Armed with these seven simple strategies, you’ll be in a strong position to level the playing field when you hire an attorney and save a bundle on attorney fees.