When good intentions go rogue: The pitfalls of DIY Lasting Powers of Attorney

In an age where you can Google how to do anything—from building a chicken coop to fixing a leaky tap—it’s no surprise that many people try their hand at drafting their own Lasting Power of Attorney (LPA). The logic seems sound: save money, save time, do it your way. But here’s the cold, legal truth: when it comes to LPAs, a mistake isn't just a typo—it can mean disaster.

The Common Pitfalls of DIY LPAs:

1. Incorrect Signatures and Witnessing

This is the silent killer of DIY LPAs. One wrongly timed signature, one witness out of order, and the whole document becomes invalid. Sadly, many people only find this out when it’s too late—when the person has lost capacity and a replacement can’t be made.

2. Choosing the Wrong Attorney

Selecting someone just because they’re close or available—without considering trustworthiness, capability, or availability—can cause more harm than good. A professional helps you ask the right questions, not just the easy ones.

3. Unclear Instructions

Vague or contradictory wording can leave your wishes open to interpretation—or worse, lead to legal disputes. The courts don’t guess. They go by what’s written, and if it’s confusing, your voice could be lost in translation.

4. Missing Restrictions or Safeguards

Many DIY forms overlook important clauses that prevent misuse of power, such as specifying limits, joint decisions, or oversight from third parties. A qualified professional ensures you aren’t handing someone a blank cheque.

5. Invalid Forms or Outdated Versions

Using old templates or online tools that aren’t up-to-date with current laws is another common trap. The law isn’t static, and neither should your documents be.

Why Use a Professional?

A qualified legal professional or estate planner doesn’t just fill in the blanks. They: