News & Insights

A Lasting Power of Attorney (LPA) is a powerful document in planning for the future. It allows you to appoint someone to deal with your affairs and make decisions on your behalf, should this ever become necessary. We look at how to choose the right person as your representative.

You can make two different types of LPA:

• A property and financial affairs LPA; and
• A health and welfare LPA

A property and financial affairs LPA will give your attorney the authority to make certain specified decisions on your behalf. These commonly include:

• Operating your bank account
• Maintaining and insuring property
• Receiving benefits
• Making investments
• Paying bills
• Selling property

A health and welfare LPA allows your attorney to deal with issues such as:

• Where you will live
• What your daily life will look like
• Who you will see
• Which medical treatments will be accepted on your behalf and which declined

Can I have more than one LPA attorney?

You can have more than one LPA attorney, and it is a good idea to appointment replacements, in case someone cannot take on the role when the time comes, and back-ups in case someone has to stand down.

You can have different attorneys for the two different types of LPA if you wish, or use the same ones for both.

It is possible to authorise each attorney to act independently of other attorney, or alternatively you can require them to deal with everything jointly. A third option is to allow your attorneys to make routine decisions independently, but to require them to make major decisions jointly.

Who to choose for an LPA attorney

You need to choose carefully when picking your attorney(s). The role is onerous and can be time-consuming, so you need to be sure that your attorney(s) will have the capacity to help you. Picking someone younger can mean that the individual is more likely to be able to assist.

When choosing someone to represent you in financial and property matters, it is recommended that  you select someone who manages their own affairs well, who is organised, and who has not suffered from financial problems.

Your attorneys should get along well together and also be able to deal effectively with other people, as the job will involve communication and working with others to carry out tasks and make arrangements.

You are advised to choose someone who understands your lifestyle and who aligns with your values, so that the decisions they make are not only in your best interests, but also those which you would have made yourself.  You can provide guidance within the LPA document.

An LPA attorney’s responsibilities

Your attorney is required under law to act in your best interests at all times. They can only make decisions that they are authorised to make under the terms of an LPA. When dealing with health and welfare issues, they can only step in to act if you are unable to make those health and welfare decisions yourself.

Attorneys must follow the five principles of the Mental Capacity Act 2005, as follows:

An individual is presumed to have the mental capacity to make their own decisions unless it is proved that they do not;

• Someone must be helped to make their own decisions wherever possible;
• People have the right to make unwise decisions;
• All action taken for or on behalf of an individual must be in the individual’s best interests

When making a decision for an individual who lacks capacity, an attorney must consider making the decision which least restricts the individual’s rights and freedoms of action, as well as whether there is a need to intervene at all.

What if I don’t have anyone suitable to act as an attorney under an LPA?

It may be that you do not have anyone with the time or the capacity to act on your behalf, or you are concerned about the potential for family disputes. If that is the case, you can choose to appoint a professional to represent you. This is usually a solicitor with experience in acting as an attorney under an LPA. You can appoint a professional as your health and welfare attorney, as well as for your property and financial affairs, should you choose to do so.

If you would like further information please contact one of our Wills and Probate experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.