Who should I choose for Lasting Power of Attorney (LPA)?

Who should I choose for Lasting Power of Attorney?

You can choose anyone over the age of 18 with the mental capacity to act as your Lasting Power of Attorney (LPA). Providing they are not bankrupt, they can also make decisions about your finances and property. 

It is important to choose someone who is able to understand your needs and wishes, and act on your behalf in a responsible way. As such, it’s a good idea to choose a person who is good at weighing up different options and who will take the initiative to research and speak to different professionals to gather information to make informed decisions. Your LPA must understand their responsibilities and powers and be someone that you can trust.

Who do most people choose to be a LPA?

Most people choose someone who they can trust and believe will act in their best interests such as a family member, a spouse, a civil partner, a friend or a professional like a solicitor. 

A Lasting Power of Attorney is there to give someone the ability to manage your affairs and finances if you are no longer able to do so yourself. They can also make important life-changing decisions about a person’s lifestyle such as their life-sustaining treatment and medical care. Even the next of kin has no specific legal rights to make decisions about health and care unless they have a Lasting Power of Attorney. 

How many attorneys can I choose for a LPA?

You can have up to four attorneys but this could complicate matters if they are not able to work well together to make the right decisions. In this case, the Court of Protection may get involved and decide to cancel the Lasting Power of Attorney and order that an independent professional deputy be appointed.

Can I set up a Lasting Power of Attorney myself?

Although it is possible to complete the relevant forms yourself, it is highly advisable to get a solicitor to set this up for you because the forms can be complicated and mistakes could be costly and result in your LPA application being rejected. 

There are many issues to consider, but your solicitor can help you to avoid many pitfalls and make the right decision in regard to the following: 

• How your wishes should be expressed to ensure they cover all eventualities
• The specific wording that enables money held by financial institutions to be managed effectively on your behalf
• The necessity to nominate replacement attorneys if the original ones are unable to act
• Whether a separate LPA is necessary to protect your business interests
• The different ways that attorneys can make decisions such as on their own, or jointly with others

Using a solicitor to help you set up your LPA will certainly save you time and money, as well as provide you with the peace of mind that the LPA has done correctly and that your best interests are being looked after.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on power of attorney, please don’t hesitate to speak to one of our expert lawyers today.  Complete our enquiry form.