A Lasting Power of Attorney (LPA) is a crucial legal document that allows you to appoint someone to make decisions on your behalf if you become unable to do so. Choosing the right attorney is one of the most important decisions you’ll make, as they will have the legal authority to manage your affairs, including financial, health, and welfare decisions.
In this guide, we’ll explore everything you need to know about selecting an attorney for your LPA, including their roles, responsibilities, legal requirements, and factors to consider when making your choice.
💡 Need help setting up an LPA? Learn more about our Lasting Powers of Attorney service.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that gives a trusted person (known as an attorney) the power to make decisions on your behalf. There are two types of LPA:
1️⃣ Property and Financial Affairs LPA – Covers decisions about your money, property, and financial assets.
2️⃣ Health and Welfare LPA – Covers decisions about your medical care, living arrangements, and personal welfare.
It’s possible to have different attorneys for each type of LPA or the same person for both.
📌 Learn more: Check out our webpage on Lasting Power of Attorney.
Who Can Be an Attorney?
The person you choose as an attorney must be:
✔ Over 18 years old
✔ Mentally capable of making decisions
✔ Trustworthy and responsible
✔ Willing to take on the role
For a Property and Financial Affairs LPA, the attorney must not be bankrupt or subject to a debt relief order.
You can appoint:
- Family members (e.g., spouse, children, siblings)
- Close friends
- Professional attorneys (e.g., a solicitor or accountant)
How Many Attorneys Can You Appoint?
You can appoint one or multiple attorneys. If you have more than one, you must decide how they will make decisions:
1️⃣ Jointly – They must agree on all decisions together.
2️⃣ Jointly and Severally – They can act together or independently.
3️⃣ A Combination – Some decisions must be made together, while others can be made individually.
🔹 Example: You could specify that attorneys must act jointly for major financial decisions (e.g., selling a house) but can act independently for everyday banking transactions.
Choosing the Right Attorney: Key Considerations
1. Do You Trust Them Completely?
Your attorney will have significant legal authority, so it’s essential that you trust them to act in your best interests. Consider their financial responsibility, integrity, and personal values.
2. Do They Have the Right Skills?
For a Property and Financial Affairs LPA, your attorney should have basic financial knowledge and be capable of managing accounts and bills. For a Health and Welfare LPA, they should understand your medical preferences and be able to make compassionate decisions.
3. Are They Willing to Take on the Responsibility?
Being an attorney is a serious commitment. Before naming someone in your LPA, discuss the role with them and ensure they understand the responsibility involved.
4. Are They Local?
While an attorney doesn’t have to live nearby, choosing someone easily accessible can be beneficial, especially for health-related decisions that require in-person involvement.
5. Will They Act Fairly?
If you have multiple children or family members, selecting one over another could lead to disputes. In some cases, choosing a neutral attorney or professional solicitor may be a better option.
📌 Considering professional LPA support? Learn about our Will Writing and Estate Planning services.
What Happens If an Attorney Can No Longer Act?
Your chosen attorney may become unable to act due to:
🚫 Loss of mental capacity
🚫 Death
🚫 Bankruptcy (for financial LPAs)
🚫 Choosing to step down
To avoid complications, you can name replacement attorneys who will take over if your first choice cannot act.
Common Mistakes When Choosing an Attorney
🚨 1. Appointing Someone Without Their Consent
Always speak to your chosen attorney before naming them in your LPA.
🚨 2. Choosing Someone Based on Obligation Rather Than Ability
Don’t feel pressured to appoint a family member if they are not the best choice.
🚨 3. Not Naming a Replacement Attorney
If your chosen attorney can no longer act, your LPA could become useless without a backup.
🚨 4. Not Considering Professional Attorneys
In some cases, a solicitor or professional attorney may be a better choice to avoid family disputes.
How to Set Up an LPA
Setting up an LPA involves several steps:
1. Complete the Forms
You must fill out LPA forms from the Office of the Public Guardian (OPG).
2. Choose Your Attorneys and Witnesses
Select your attorneys and ensure your form is signed and witnessed correctly.
3. Register with the OPG
Your LPA must be registered with the Office of the Public Guardian before it becomes valid.
📌 Need help setting up an LPA? Our experts at Town & Country Law can guide you through the process. Get in touch today.
Final Thoughts: Choosing the Right Attorney Matters
Selecting the right attorney for your Lasting Power of Attorney is one of the most important estate planning decisions you’ll make. Your attorney will have significant legal authority, so it’s essential to choose someone who is trustworthy, capable, and willing to act in your best interests.
🔹 Key Takeaways:
✔ Choose someone responsible and financially aware.
✔ Discuss the role with them beforehand.
✔ Consider naming a replacement attorney.
✔ Seek professional advice if unsure.
💡 Looking to set up or update your LPA? Visit our Lasting Power of Attorney service for expert guidance.