A Lasting Power of Attorney (LPA) may look like a set of official forms, but it is much more than paperwork. It lets you choose trusted people to make decisions for you if illness or an accident means you cannot make those decisions yourself. Planning ahead keeps you in control: you decide who should act, what authority they should have and, where appropriate, how you would like them to use it.
Making an LPA is not about expecting the worst. Like insurance, it is there in case you need it. An LPA must be made while you have the mental capacity to understand and decide what you want, so it is best considered before a crisis arises.
What does an LPA cover?
There are two types of LPA in England and Wales. A Property and Financial Affairs LPA covers matters such as bank accounts, bills, pensions, benefits, investments, tax and property. Once registered, it can be used while you still have capacity if the LPA allows this and you give permission. A Health and Welfare LPA covers matters such as medical treatment, care, where you live and your daily routine. It can also cover decisions about life-sustaining treatment if you choose. This type can be used only when you cannot make the particular decision yourself.
Choosing the right attorneys
Your attorney should be someone you trust to act responsibly, understand your wishes and make difficult decisions when needed. The obvious choice is not always the best one. Think about practical matters as well as family relationships: who is available, who handles money well, who understands your views on care and whether the people you appoint can work together.
You can appoint more than one attorney. They may act jointly, so every decision must be made together, or jointly and severally, so they can act together or independently. A joint appointment can provide reassurance, but it may also cause delay if an attorney is unavailable or there is disagreement. A joint and several appointment is often more flexible. Replacement attorneys can also be named in case an original attorney can no longer act.
Making your wishes clear
An LPA can include instructions that your attorneys must follow and preferences that guide them. For example, you may want them to consider keeping you at home for as long as it is safe and practical, consult particular relatives before a major decision, take account of cultural or religious beliefs, or seek financial advice before selling investments. Careful wording matters: not every wish is suitable as a binding instruction, and an unclear or impractical condition can make an LPA harder to use.
Clear guidance can also reduce the risk of family conflict. If relatives later disagree about care, a house sale or another important issue, a well-prepared LPA records who has authority and gives them a clearer understanding of what you would want.
What happens without an LPA?
A spouse, partner or adult child does not automatically have authority to make decisions for you. If you lose capacity without a valid LPA, someone may need to apply to the Court of Protection to be appointed as your deputy. That process can take time, involve fees and bring continuing duties and supervision. If there is disagreement, the court may appoint an independent professional rather than the person you would have chosen.
Why professional advice can help
You can make an LPA yourself, but legal advice can be valuable where family arrangements, business interests, investments, property or care wishes are more complex. A solicitor can help you choose a workable appointment, plan for an attorney becoming unable to act, identify possible conflicts and ensure that any instructions or preferences are clear and legally effective.
Once registered, an LPA can provide reassurance for you and those close to you. If you later cannot explain your wishes, it records who you trust and gives them a framework for making decisions in your best interests. In that sense, it becomes an important part of your voice.
How we can help
Our Private Client team can explain your options in plain English and prepare an LPA that reflects your circumstances and wishes. Whether you are making an LPA for the first time, reviewing an existing arrangement or simply want to know where to begin, we can guide you through the process. Planning now means that, if support is ever needed, the right people can act with clear authority and a better understanding of what matters to you.
