Families who enter into legal agreements using DIY methods have been advised by a Cumbrian law firm to think twice, amid the release of figures showing many are unwittingly getting it wrong.

The warning was issued in relation to Lasting Powers of Attorney (LPA) agreements which are becoming increasingly popular.

LPAs allow ‘attorneys’ to manage someone's personal and financial affairs in the event that individual loses the ability to manage their affairs on their own.

The preparation of LPAs has traditionally been overseen by solicitors, but more people are opting for a do-it-yourself approach and preparing the agreements themselves.

Matthew Rogers works in one of Cumbria’s largest private client teams at Cartmell Shepherd and specialises in LPAs.

He said: “Right now, more people than ever are making LPAs and that’s a good thing. I suspect the increase in the number of LPAs being made is in part behind the rise in the number of investigations by the Office of the Public Guardian into potential abuse.

“In many cases, I suspect that there will be no intent on the part of the attorney who gets it wrong, but this is not a simple area of the law.

“Every action by an attorney has to be of benefit to the individual they are acting for and that is the area where some attorneys can inadvertently get it wrong.

"So often at a time of life when there is added stress due to the illness of somebody close to them, straying beyond what is permissible as an attorney can create more problems.”

According to figures from the Office of the Public Guardian (OPG) - an arm of the Ministry of Justice which oversees LPAs - 1,729 investigations into the actions of attorneys and deputies were carried out in the 2017/2018 financial year, up from 1,199 the previous year.

Matthew said: “While there will inevitably be some rogues who deliberately abuse their position as an attorney, many of the investigations may be people with the best intentions getting it wrong.

“For those people who find themselves acting as an attorney my suggestion would be that they read the guidance available from the OPG about their duties and, if they are unsure, take legal advice so they fully understand what they can and cannot do.

“The consequences of not doing could be anything from a slap on the wrist from the courts to being removed as an attorney and a court-appointed deputy taking over.”

Mr Rogers' top five LPA tips.

Ahead of seeking legal advice, Matthew advises the following.

1. Think carefully about who the best attorney(s) might be. Often this might be a close relative but it shouldn’t be a foregone conclusion. Consider qualities such as trustworthiness, ability to make balanced decisions and good financial/money management skills.

2. There are two types of powers of attorney: one for ‘property and finance’ and one for ‘health and welfare’ – your attorneys can be the same or they can be different for each type. Consider your options in this area.

3. If appointing multiple attorneys make sure they can all get on and make decisions together (for example don’t just appoint all your children so that they are all on an equal footing if they won’t be able to make decisions together without squabbling.)

4. Have a replacement attorney in case something happens to the original attorney.

5. Remember you can always revoke your power of attorney if you want at a later date.