Appointing an attorney under a Lasting Power of Attorney (LPA) is one of the most important decisions you’ll ever make — and one that too many people leave until it’s too late. An LPA is a legal document that allows you to appoint one or more trusted individuals to make decisions on your behalf if you lose mental capacity.
At MP Estate Planning, we see the consequences of poor attorney choices regularly. Getting this right protects not just your finances, but your dignity, your health decisions, and your family’s peace of mind. Getting it wrong can lead to family disputes, financial losses, and even abuse.
When considering who to appoint, you need to think carefully about the type of decisions they may need to make. A Property and Financial Affairs LPA covers everything from paying your bills to selling your home. A Health and Welfare LPA covers decisions about your medical treatment, where you live, and your daily care. These are fundamentally different responsibilities, and the right person for one may not be the right person for the other.
Key Takeaways
- There are two types of LPA in England and Wales — Property and Financial Affairs, and Health and Welfare — and you should consider appointing different attorneys for each.
- Your attorney must be at least 18 years old and have mental capacity. For a Property and Financial Affairs LPA, they must not be subject to a debt relief order or be an undischarged bankrupt.
- Choose someone who is trustworthy, capable, and genuinely willing to act in your best interests — not just the most obvious family member.
- Avoid anyone with financial problems, conflicts of interest, or a history of strained family relationships.
- An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used — plan ahead, because registration takes several weeks.
Understanding Lasting Power of Attorney in the UK
A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. It’s a cornerstone of proper estate planning in England and Wales, ensuring that your affairs are managed according to your wishes if you lose mental capacity — whether through dementia, stroke, accident, or any other cause.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal instrument created under the Mental Capacity Act 2005 that enables you to appoint one or more individuals, known as attorneys, to make decisions on your behalf. There are two distinct types of LPA in England and Wales: one for Property and Financial Affairs, and one for Health and Welfare. The Property and Financial Affairs LPA allows your attorney to manage your financial matters — paying bills, managing bank accounts, dealing with your pension, selling property, and handling investments. The Health and Welfare LPA grants them authority to make decisions about your medical treatment, daily care, where you live, and even life-sustaining treatment if you specify this.
Crucially, a Health and Welfare LPA can only be used once you have lost mental capacity, whereas a Property and Financial Affairs LPA can be used while you still have capacity — with your permission — which can be helpful if you’re physically unwell but mentally sound.
Types of Lasting Power of Attorney
As mentioned, there are two main types of Lasting Powers of Attorney in England and Wales:
- Property and Financial Affairs LPA: This allows your attorney to manage your financial affairs, including accessing your bank accounts, paying bills, collecting your pension and benefits, managing investments, and selling your property. It can be used as soon as it’s registered — even while you still have capacity, if you choose.
- Health and Welfare LPA: This gives your attorney the power to make decisions about your medical treatment, care arrangements, daily routine, and where you live. It can only be used when you lack the mental capacity to make a particular decision yourself. If you wish, you can also give your attorney authority over decisions about life-sustaining treatment.
You can make one or both types, and you can appoint different attorneys for each — which is often sensible. For more detailed information on the differences between these types and older forms of power of attorney, you can visit MP Estate Planning, which provides a comprehensive comparison.
Importance of Choosing the Right Attorney
Choosing the right attorney is arguably the most important part of the entire LPA process. Your attorney will have significant legal authority over your finances, your health, or both — and if you’ve lost mental capacity, you won’t be able to oversee what they’re doing. The Office of the Public Guardian investigates hundreds of concerns about attorney conduct every year, and sadly, financial abuse by attorneys is not uncommon.
When appointing an attorney, carefully consider their:
- Reliability and integrity: Can they be trusted to put your interests ahead of their own? Do they have a track record of responsible behaviour? Would you trust them with your bank card today?
- Capability: Do they have the practical skills needed? For a financial LPA, this means understanding budgets, bills, and dealing with banks. For a health LPA, it means being able to communicate with doctors and care providers, and make difficult decisions under pressure.
- Availability and willingness: Are they genuinely willing to take on the responsibility? Do they live close enough to act practically? Being an attorney isn’t an honour — it’s a job, and often a stressful one.
For further guidance on the role of an attorney and the responsibilities involved, you can refer to resources such as SCIE’s guide on Lasting Power of Attorney.
Eligibility Criteria for an Attorney
When considering who to appoint as your attorney, it’s essential to understand the eligibility criteria set out under the Mental Capacity Act 2005. Not everyone can serve as an attorney, and understanding these requirements will help you make a legally valid appointment.
Age Requirements
To be eligible to act as an attorney under an LPA, an individual must be at least 18 years old. There is no upper age limit, but you should consider whether an older person is likely to remain capable of fulfilling the role for as long as you might need them. If you’re 70 and you appoint your 75-year-old sibling, they may lose capacity before you do — which rather defeats the purpose.
Mental Capacity Considerations
Your appointed attorney must have the mental capacity to understand and make decisions at the time they need to act. If your attorney later loses mental capacity themselves, they can no longer serve in the role. This is one of the strongest reasons to appoint replacement attorneys — a backup who can step in if your first-choice attorney dies, loses capacity, or becomes unable to act. Without a replacement, you could be left without anyone authorised to manage your affairs, and your family would need to apply to the Court of Protection for a deputyship — a far more expensive and time-consuming process. For more information on mental capacity and its implications, you can visit Age UK’s guide on Power of Attorney.
Bankruptcy and Financial Restrictions
For a Property and Financial Affairs LPA, there is an additional restriction: your attorney must not be an undischarged bankrupt or subject to a debt relief order. Someone who cannot manage their own finances should not be managing yours. This restriction does not apply to a Health and Welfare LPA, since that doesn’t involve financial decisions — but practically speaking, someone with serious financial problems may not demonstrate the best judgement overall.
Residency Guidelines
UK law does not strictly require an attorney to be a UK resident. However, there are significant practical considerations. If your attorney lives abroad, they may struggle to deal with UK banks (many require in-person identification), attend medical appointments, liaise with care providers, or manage property. Time zone differences and travel requirements can cause serious delays in urgent situations. It’s generally advisable to appoint someone who is readily available in England or Wales and familiar with how UK institutions operate.
In summary, when selecting an attorney, it’s vital to consider these eligibility requirements carefully. Ensuring that your chosen attorney meets these criteria — and is practically capable of serving — will provide you with genuine peace of mind, knowing your affairs are in capable and legally qualified hands.
Who Can You Appoint as Your Attorney?
When considering who to appoint as your attorney, you have several options — but the decision deserves more thought than most people give it. The person you choose will potentially control your bank accounts, decide where you live, and make medical decisions on your behalf. That’s an enormous amount of power, and it requires an enormous amount of trust.
You can appoint a family member, a friend, or a professional. You can also appoint more than one person, either to act jointly (they must all agree on every decision), jointly and severally (they can act independently or together), or jointly for some decisions and jointly and severally for others. Getting this structure right matters — joint attorneys can create deadlocks if they disagree, while joint and several attorneys offer more flexibility but less oversight of each other.
Family Members
Appointing a family member is the most common choice, and often a sensible one — provided the relationship is genuinely strong and the person is capable. Common choices include:
- Spouse or civil partner — often the natural first choice, but consider what happens if they also lose capacity
- Adult children — but be careful about appointing all children jointly if they don’t get along
- Siblings — particularly if you don’t have children or a partner
Family members often have a deep understanding of your values and preferences, making it easier for them to make decisions that align with your wishes. However, family dynamics can be complicated. Appointing one child over another can cause resentment. Appointing all children jointly can lead to deadlocks. And some family members, however well-meaning, simply aren’t good with money or confrontation.
Friends and Associates
If you don’t have a suitable family member, or if family relationships are complicated, a trusted close friend can be an excellent choice. This could be someone who:
- Knows you well and understands your values and wishes
- Is reliable, level-headed, and good under pressure
- Is genuinely willing to take on the responsibility — not just agreeing to be polite
It’s essential to have an honest conversation with them beforehand. Many people feel flattered to be asked but don’t fully understand what’s involved. Make sure they know it could mean dealing with banks, care homes, doctors, and potentially difficult family members — and that they’re comfortable with all of that.
Professionals
In some cases, appointing a professional — such as a solicitor or an accountant — might be the most appropriate choice. This is particularly relevant if you have complex financial affairs, if there’s a risk of family disputes, or if you simply don’t have anyone suitable in your personal life.
Consider the following when selecting a professional attorney:
- Their experience in acting as an attorney under an LPA — not all solicitors have practical experience in this area
- Their fee structure — professionals charge for their time, and these costs can be significant over many years of managing your affairs
- Whether they have professional indemnity insurance and are regulated by an appropriate body (such as the Solicitors Regulation Authority)
Ultimately, the best attorney is someone you trust completely, who is practically capable of doing the job, and who genuinely has your best interests at heart. Don’t just pick the most obvious person — pick the right person.
Professional Attorneys: When to Consider Them
Professional attorneys — solicitors, accountants, and specialist advisors — bring expertise and objectivity that can be invaluable in certain situations. They’re not the right choice for everyone, but in some circumstances they’re the best choice by far.
Solicitors and Legal Experts
Solicitors are well-versed in the legal aspects of managing someone’s affairs and can be particularly useful when your estate involves property, business interests, or complex tax considerations. They understand how to deal with Land Registry, HMRC, banks, and care providers within the legal framework.
Key benefits of appointing a solicitor include:
- Expert knowledge of the legal duties and obligations of an attorney under the Mental Capacity Act 2005
- Professional indemnity insurance, which provides a financial safety net if something goes wrong
- Objectivity and impartiality — they won’t be influenced by family politics or potential inheritance
The main drawback is cost. Solicitors charge by the hour, and if they’re managing your affairs for years, the fees can accumulate. Always agree a fee structure in advance and ensure it’s documented.
Financial Advisors
If your affairs include significant investments, pensions (including SIPPs), or other financial assets, a regulated financial advisor can bring valuable expertise to the role. They can make informed decisions about investment management, tax-efficient withdrawals, and financial planning that a family member might not have the knowledge to handle.
However, be cautious about potential conflicts of interest. If your financial advisor is also managing your investments and earning fees from them, their role as your attorney could create a situation where they’re effectively overseeing their own work. In such cases, consider separating the roles or appointing a co-attorney to provide oversight.
Independent Advocates
Independent advocates are professionals who can represent your interests and wishes, particularly in situations involving health and welfare decisions. Under the Mental Capacity Act 2005, Independent Mental Capacity Advocates (IMCAs) may be appointed by the NHS or local authority in certain situations — for example, when serious medical treatment decisions need to be made and you have no one else to speak for you. While an IMCA is not the same as an attorney, understanding this role can help you appreciate why having a properly appointed health and welfare attorney is so important.
The table below summarises the key roles of different professional attorneys:
| Professional | Key Role |
|---|---|
| Solicitors/Legal Experts | Legal compliance, property transactions, managing complex estates |
| Financial Advisors | Investment management, pension decisions, tax-efficient planning |
| Independent Advocates | Representing your health and welfare interests when you cannot speak for yourself |
When considering a professional attorney, verify their qualifications, check they are regulated by the appropriate body, and agree fees in writing. A professional attorney should be held to the same standards of care as any attorney — they must act in your best interests, follow the principles of the Mental Capacity Act, and keep proper records of all decisions made on your behalf.
In many cases, the ideal approach is a combination: a trusted family member for day-to-day decisions, with a professional available for complex financial or legal matters. You can achieve this by appointing multiple attorneys with different authority levels, or by appointing a family member as attorney with instructions to seek professional advice on significant decisions.
People You Should Avoid as Attorneys
Knowing who not to appoint is just as important as choosing the right person. The Office of the Public Guardian receives thousands of concerns about attorney conduct every year, and many of these problems could have been avoided with more careful selection at the outset.
Those with Prior Conflicts of Interest
Appointing someone who stands to benefit financially from your decisions — or whose interests directly conflict with yours — is asking for trouble. For example, if someone is a potential beneficiary of your will and also your financial attorney, they may face a temptation (conscious or otherwise) to make decisions that preserve or increase their eventual inheritance rather than spending money on your care and comfort. Your attorney’s primary duty is to act in YOUR best interests — not their own.
Individuals with Financial Problems
Someone with a history of financial mismanagement — bankruptcy, debt problems, compulsive spending, or gambling issues — should not be given control of your money. Remember, for a Property and Financial Affairs LPA, an undischarged bankrupt or someone subject to a debt relief order is legally disqualified from acting. But even someone who has recovered from bankruptcy may not be the wisest choice if the underlying habits haven’t changed. Your attorney will have access to your bank accounts, your savings, and potentially the proceeds of your home — that’s a significant amount of temptation for someone with financial difficulties.
People with Strained Family Relationships
If the potential attorney has strained relationships with other family members or beneficiaries, their appointment can pour fuel on existing tensions. An attorney often needs to communicate with family members about care decisions, financial matters, and practical arrangements. If they’re not on speaking terms with your other children, for instance, this can lead to disputes, allegations of misconduct, and ultimately applications to the Court of Protection — which are expensive, stressful, and time-consuming for everyone involved. Maintaining family harmony matters, and your choice of attorney plays a significant role in that.
Here’s a summary of the key individuals to think twice about when appointing an attorney:
| Individuals to Avoid | Reasons |
|---|---|
| Those with conflicts of interest | Risk of self-serving decisions rather than acting in your best interests |
| Individuals with financial problems or a history of debt | Legal disqualification (if bankrupt) and risk of financial mismanagement |
| People with strained family relationships | Risk of disputes, communication breakdowns, and costly Court of Protection proceedings |
| Anyone who lives far away or abroad | Practical difficulties managing day-to-day UK affairs, dealing with banks and care providers |
| Anyone reluctant or unwilling | Being an attorney is a serious commitment — an unwilling attorney is likely to be a neglectful one |
By being thoughtful about who you avoid — not just who you choose — you significantly reduce the risk of problems down the line. Plan, don’t panic.
Making Your Choice: Advice and Considerations
When selecting an attorney, it’s worth going beyond the obvious candidates and genuinely evaluating each person against three key criteria: trustworthiness, communication ability, and a realistic understanding of the responsibilities involved.
Assessing Trustworthiness
Trustworthiness is the single most important quality in an attorney. This person could have unsupervised access to every penny you own. To assess trustworthiness, ask yourself these hard questions:
- Have they managed money responsibly in their own life? Not just “are they a good person” — but can they actually handle financial responsibility?
- Would they put your needs above their own, even when it’s inconvenient or costly to them?
- Can they keep your affairs confidential, even from other family members who may be curious?
- Would they spend your money on your comfort and care, even if it meant reducing their eventual inheritance?
If you hesitate on any of these questions, that person probably isn’t the right choice — no matter how much you love them.
Evaluating Communication Skills
Your attorney will need to communicate effectively with a wide range of people and institutions — banks, the NHS, care homes, solicitors, HMRC, and potentially other family members who may disagree with decisions being made. Consider their:
- Ability to listen carefully and understand your wishes — including the things you might find difficult to express
- Confidence in dealing with professionals and institutions — some people find it intimidating to challenge a doctor or push back against a bank
- Willingness to keep family members appropriately informed without being pushed into decisions they don’t agree with
Open and honest communication between you and your attorney — both now and in the future — is one of the strongest foundations for a successful LPA. Have the difficult conversations now, while you can. Tell them what you’d want if you needed care. Tell them how you feel about life-sustaining treatment. Tell them what matters most to you. The more they know, the better decisions they’ll make.
Understanding the Responsibilities
It’s essential that your attorney fully understands what they’re signing up for. Being an attorney isn’t a ceremonial role — it’s a practical, sometimes demanding job with legal obligations. Under the Mental Capacity Act 2005, attorneys must follow specific principles, including always acting in your best interests and considering your past and present wishes.
| Responsibility | Description |
|---|---|
| Managing Finances | Paying bills, managing bank accounts and savings, dealing with HMRC, handling property transactions, and making investment decisions — all while keeping your money separate from their own |
| Making Health and Care Decisions | Deciding on medical treatment, care arrangements, daily routine, and potentially end-of-life care — always in your best interests, not theirs |
| Record Keeping | Maintaining detailed, accurate records of all financial transactions and decisions — the Office of the Public Guardian can request these at any time |
| Acting Within Authority | Only making decisions within the scope of the LPA — not exceeding their powers or making gifts beyond what’s permitted |
By carefully evaluating these aspects before you appoint someone, you give yourself the best possible chance that your affairs will be managed properly if the time comes.
The Process of Appointing an Attorney
Appointing an attorney under an LPA follows a specific legal process. While it’s not overly complicated, every step must be completed correctly — an incorrectly completed LPA will be rejected by the Office of the Public Guardian, causing delays and additional cost.
Completing the Forms
The LPA forms can be completed online through the GOV.UK website or on paper. The online process is generally faster and helps you avoid common errors. The forms require detailed information including:
- Your personal details (as the “donor” — the person making the LPA)
- Your chosen attorney(s) and how they should act (jointly, jointly and severally, or a combination)
- Any replacement attorneys — and we strongly recommend you always appoint at least one
- Any preferences or instructions you want to include (preferences are guidance; instructions are binding)
- A “certificate provider” — an independent person who confirms you understand the LPA and are not being pressured. This must be someone who has known you personally for at least two years, OR a professional such as a solicitor, doctor, or social worker
For more detailed guidance on signing a Lasting Power of Attorney in the correct order, you can visit our dedicated page. The signing order matters — if people sign in the wrong sequence, the entire LPA can be invalidated.
Registering your Lasting Power of Attorney
Once the forms are completed and correctly signed, you need to register your LPA with the Office of the Public Guardian (OPG). This is a crucial step — an LPA cannot be used until it has been registered, even if it’s been correctly completed. Registration currently takes around 12-20 weeks, so don’t wait until you need it.
Registration Process:
| Step | Description |
|---|---|
| 1 | Submit the completed and signed LPA forms to the OPG (online or by post) |
| 2 | Pay the registration fee (currently £82 per LPA — so £164 if you’re registering both types). Fee exemptions and reductions are available for those on low incomes or certain benefits |
| 3 | The OPG reviews the application, checks for errors, and processes the registration. If there are any problems, they’ll write to you — which adds further delay |
Notifying Relevant Parties
After your LPA is registered, it’s sensible to notify relevant institutions so they have your attorney’s details on file. This includes your bank and building society, your pension provider, your GP surgery, and any care providers. Many banks will want to see the original registered LPA and take a copy for their records. Some institutions have their own forms for attorneys to complete.
You should also consider giving your attorney a certified copy of the registered LPA (you can order these from the OPG), so they have documentation ready if they need to act quickly — particularly in a medical emergency.
By following these steps properly and planning ahead, you can ensure that your LPA is in place and ready to be used if and when it’s needed. If you need professional guidance, consider consulting with a solicitor or estate planning specialist who deals with LPAs regularly — the law, like medicine, is broad, and you want someone who specialises in this area.
Revoking an Attorney Appointment
Circumstances change. Relationships break down. People move abroad, develop health problems, or simply turn out to be the wrong choice. If you still have mental capacity, you have an absolute right to revoke your LPA — and sometimes it’s the wisest thing you can do.
Reasons for Revocation
Common scenarios where revoking an attorney’s appointment might be necessary include:
- A breakdown in trust — perhaps you’ve discovered they’ve been careless with their own finances, or they’ve behaved in a way that makes you question their judgement
- Divorce or separation — if you appointed your spouse or partner and the relationship has ended, you almost certainly want to revoke their appointment
- Your attorney has moved abroad or become too unwell to act effectively
- Family dynamics have changed — for example, your attorney has fallen out with your other children, making the arrangement unworkable
- You simply want to update your LPA to reflect your current wishes and circumstances
Revoking an LPA should not be taken lightly, but neither should you hesitate if you have genuine concerns. An LPA is supposed to protect you — if it no longer does that, change it.
The Legal Process to Follow
Revoking an LPA requires specific steps to ensure the revocation is legally effective. You must still have mental capacity to revoke — if you’ve already lost capacity, the process is far more complex and may require the Court of Protection.
If you do have capacity, the process involves:
- Creating a written “deed of revocation” — a formal signed document stating that you are revoking the LPA. This should be signed by you and witnessed.
- Notifying your attorney(s) in writing that their appointment has been revoked. Keep proof of delivery.
- Notifying the OPG — send the original registered LPA (or a certified copy) to the OPG along with notification of the revocation. They will update their records.
- Notifying any institutions that hold a copy of the LPA — banks, care homes, your GP — so they know your former attorney no longer has authority to act.
It’s crucial to follow every step. If you revoke the LPA but don’t notify your bank, your former attorney could still theoretically access your accounts until the bank is informed.
Potential Challenges and Solutions
Revoking an attorney’s appointment can sometimes lead to family tension, particularly if the attorney feels offended or believes they’re being unfairly removed. In more serious cases, if there are concerns about abuse or mismanagement, you may need to involve the Office of the Public Guardian or the Court of Protection.
Potential challenges include:
- Family disputes and hurt feelings — particularly if the attorney is a close relative
- Difficulty recovering documents if the attorney has the original registered LPA and refuses to return it
- Ensuring all institutions are properly notified, especially if the attorney has already been dealing with them
- If you revoke without having a new LPA ready, you could be left without anyone authorised to act if you later lose capacity
The best solution is to seek guidance from a solicitor or estate planning specialist before revoking. They can help you manage the process properly, prepare a new LPA simultaneously if needed, and ensure nothing falls through the cracks.
By understanding the reasons for revocation, following the correct legal process, and being prepared for potential challenges, you can effectively manage your LPA arrangements and ensure that your wishes continue to be protected.
Role of the Court of Protection
When things go wrong with an LPA — or when no LPA exists at all — the Court of Protection becomes involved. Based in London but with regional hearing centres, the Court of Protection is the specialist court in England and Wales that makes decisions on behalf of people who lack mental capacity.
Circumstances Leading to Court Involvement
The Court of Protection may become involved in several situations related to LPAs:
- No LPA exists and someone has lost capacity — the court must appoint a “deputy” to manage their affairs, which is significantly more expensive and restrictive than having an LPA in place
- Disputes between attorneys, or between attorneys and family members, about what decisions should be made
- Concerns about abuse or mismanagement by an attorney — the OPG may refer serious cases to the court
- Questions about the validity of an LPA — for example, if there are concerns the donor was pressured into making it or lacked capacity at the time
- Disagreements about medical treatment that cannot be resolved between the health and welfare attorney and the medical team
The Court’s Powers and Responsibilities
The Court of Protection has wide-ranging powers under the Mental Capacity Act 2005. It can:
- Make one-off decisions on financial, property, health, or welfare matters for someone who lacks capacity
- Appoint deputies to manage an individual’s affairs on an ongoing basis — deputies must report annually to the OPG and are subject to closer supervision than attorneys
- Remove attorneys who have abused their position, acted negligently, or are no longer suitable
- Revoke an LPA if it was obtained through fraud or undue pressure
- Resolve disputes between multiple attorneys or between attorneys and other interested parties
The court’s overriding principle is always the best interests of the person who lacks capacity. However, court proceedings are expensive — application fees, legal costs, and the time involved mean that preventing problems through careful attorney selection is always better than trying to fix them afterwards. A straightforward deputyship application can cost several thousand pounds, with ongoing annual supervision fees. This is why having an LPA in place is so important — it’s far cheaper, far quicker, and gives you control over who manages your affairs, rather than leaving it to a judge who has never met you.
FAQs About Lasting Power of Attorney
When planning for the future, understanding Lasting Power of Attorney and addressing common questions can provide genuine clarity and peace of mind. Here are the questions we’re asked most frequently.
Common Concerns
Many people have legitimate concerns about setting up a Lasting Power of Attorney:
- Choosing the Right Attorney: This is the biggest concern — and rightly so. The person you choose will potentially have control over your finances, your healthcare, or both. Take your time and consider the criteria we’ve outlined above.
- Fear of Losing Control: Many people worry that making an LPA means handing over control immediately. It doesn’t. A Health and Welfare LPA can only be used when you lack capacity. A Property and Financial Affairs LPA can technically be used once registered, but only with your permission while you have capacity — and you can revoke it at any time.
- Potential for Abuse: This is a valid concern. The OPG exists specifically to provide oversight, and you can build safeguards into your LPA — such as requiring attorneys to act jointly for major decisions, or including specific instructions that limit what they can do.
Misconceptions About Attorneys
There are several common misconceptions about what an attorney can and cannot do:
- “My attorney can do whatever they want” — Wrong. Attorneys must act in your best interests, follow the principles of the Mental Capacity Act, and stay within the authority granted by the LPA. They cannot make gifts from your estate beyond modest seasonal gifts, they cannot change your will, and they must keep your money separate from their own.
- “I don’t need an LPA because my family can sort things out” — Without an LPA, your family has NO legal authority to access your bank accounts, sell your property, or make medical decisions for you. They would need to apply to the Court of Protection for a deputyship — a process that takes months and costs thousands of pounds.
- “I’m too young to need an LPA” — Mental capacity can be lost at any age through accident or illness. An LPA is like insurance — you hope you never need it, but if you do, you’ll be very glad it’s in place.
An attorney’s powers are not unlimited and are subject to legal obligations and oversight by the Office of the Public Guardian.
How to Get Started
Getting started with a Lasting Power of Attorney involves the following steps:
- Decide which type(s) of LPA you need — Property and Financial Affairs, Health and Welfare, or both (we recommend both).
- Choose your attorney(s) and replacement attorney(s) carefully, using the criteria discussed in this article.
- Choose a certificate provider — someone independent who can confirm you understand the LPA and are not being pressured.
- Complete the LPA forms (online via GOV.UK is generally the easiest method).
- Sign the forms in the correct order — this is crucial and a common reason for LPAs being rejected.
- Register with the OPG and pay the fee. Allow several weeks for processing.
If you’d like professional help, a specialist estate planning firm can guide you through the entire process, ensure everything is completed correctly, and help you think through the more difficult decisions — like who to appoint, how your attorneys should act, and what instructions to include. By addressing your concerns now and putting an LPA in place while you have capacity, you’re making one of the most responsible decisions you can make for yourself and your family.
Regular Review of Your Appointments
An LPA isn’t a “set it and forget it” document. Life changes — and your LPA arrangements should change with it. We recommend reviewing your LPA at least every three to five years, and immediately after any significant life event.
Importance of Periodic Checks
Regular reviews ensure that your LPA still reflects your current wishes, circumstances, and relationships. Things that seemed right five years ago may no longer be appropriate today.
Key reasons for regular reviews include:
- Changes in your own health, finances, or living situation
- Changes in your attorney’s circumstances — they may have moved abroad, developed health problems, or had a change in their financial situation
- Relationship changes — divorce, bereavement, family falling-outs, or new relationships
- Changes in the law — LPA requirements and processes are updated periodically
For more information on related requirements, you can visit our page on who can witness a Lasting Power of Attorney in the UK.
Signs that Changes are Needed
Specific warning signs that it may be time to update your LPA include:
- Your attorney has developed health problems or cognitive decline — they may lose capacity before you do
- Your attorney has gone through a bankruptcy, divorce, or other significant personal upheaval
- You’ve fallen out with your attorney, or your relationship has fundamentally changed
- Your attorney has moved overseas and is no longer practically available
- You didn’t appoint a replacement attorney and now realise you should have one
- Your financial circumstances have changed significantly (e.g., you’ve inherited property or started a business) and your current attorney may not have the skills to manage these new complexities
If you recognise any of these signs, take action sooner rather than later. Updating an LPA while you have capacity is straightforward. Trying to fix things after you’ve lost capacity requires the Court of Protection — and by then, the decisions about who manages your life are no longer in your hands.
By regularly reviewing your Lasting Power of Attorney and making necessary adjustments, you ensure that your wishes are always protected by the right people. As with all good estate planning — plan, don’t panic.
Conclusion: Choosing Wisely for Peace of Mind
Selecting the right attorney is one of the most important decisions in your estate planning — right alongside writing your will and protecting your home. The person you choose will potentially manage your money, decide your medical treatment, and determine where and how you live. That’s not a decision to make lightly or to leave to the last minute.
Long-Term Implications
The attorney you appoint today could be making decisions for you for years — or even decades. Consider whether they’ll still be suitable in ten or twenty years’ time. Think about their age, their health, their reliability, and their willingness to put your interests first, even when it’s difficult. And always — always — appoint at least one replacement attorney, because life is unpredictable.
Remember: without an LPA, your family has no automatic legal authority over your affairs. Your bank accounts will be frozen. Your property can’t be sold. Medical decisions will be made by doctors who don’t know you. And the Court of Protection process to fix all of this is slow, expensive, and stressful for everyone involved.
Seeking Expert Advice
We recommend seeking professional guidance from an estate planning specialist to ensure your LPA is set up correctly and your choice of attorney is well-considered. A good adviser will ask you difficult questions, challenge your assumptions, and help you think through scenarios you might not have considered. For more information on the differences between a Power of Attorney and an Executor of a Will — two roles that people often confuse — you can visit our guide on the topic here. Getting expert advice now, while you have the capacity to make these decisions, is one of the most valuable investments you can make for your future security and your family’s peace of mind.