How to Choose the Right Attorney for Your Lasting Power of Attorney (LPA)
Setting up a Lasting Power of Attorney (LPA) is one of the most important steps you can take to protect your future - but choosing the right person to act as your attorney is just as important as making the document itself.
Your attorney will have significant responsibility and authority, so it’s vital to choose someone you trust to act in your best interests, with the ability to handle that responsibility if the time ever comes.
Here’s a practical guide to help you choose wisely, have the right conversations, and keep your documents up to date.
What Is an Attorney?
An attorney is the person (or people) you appoint to make decisions for you if you’re unable to do so. This might be due to illness, accident, or loss of mental capacity. There are two types of LPA:
Property and Financial Affairs LPA: Covers decisions like managing your bank accounts, paying bills, selling your home, or dealing with pensions and investments.
Health and Welfare LPA: Covers decisions about your medical treatment, where you live, what you eat, and your day-to-day care.
You can choose the same person for both, or different people depending on their strengths.
What to Look for in an Attorney
You can appoint anyone aged 18 or over, but most people choose a trusted family member or friend. It’s important to pick someone who is:
Trustworthy - they’ll be making decisions that directly affect your finances or personal welfare.
Organised and responsible - especially for the financial LPA.
Willing – always check they’re comfortable taking on the role.
Close enough to be helpful – either emotionally or geographically.
Able to communicate well – they may need to deal with doctors, care providers, banks, or the Office of the Public Guardian.
In some cases, it might be worth appointing a professional, such as a solicitor, especially if there are complex family dynamics or financial matters involved.
Questions to Ask Before You Decide
Once you have someone in mind, sit down with them and talk things through. You might want to ask:
“Do you feel confident making decisions on my behalf, if needed?”
“Would you be comfortable talking to doctors or handling my finances?”
“Are there any situations you’d find difficult?”
“Would you prefer to act with someone else as a joint attorney?”
Remember, your chosen person can decline the role later if they feel unable to act – so this conversation really matters.
Can I Choose More Than One Attorney?
Yes, and sometimes this is a great option. You can appoint attorneys to act:
Jointly – they must make all decisions together
Jointly and severally – they can act together or independently
There are pros and cons to each, so it’s worth discussing what’s right for your situation.
What Happens If Things Change?
Your LPA might not come into use for many years – so it’s a good idea to review it regularly. Check:
Are your attorneys still the best people for the job?
Are they still alive, capable, and willing?
Have your relationships changed?
Have their own circumstances changed?
You can revoke or update your LPA at any time, as long as you still have mental capacity.
Need Help Choosing the Right Attorney?
It’s a big decision, and I’m here to help you talk it through. I can guide you through the process, explain your options clearly, and ensure your LPA is tailored to suit your needs and preferences.
If you’d like to chat about setting up or updating your LPA, feel free to get in touch – I offer a warm, personal service and clear advice every step of the way.
0115 824 4960 | hannah@hannahhowesolicitor.co.uk
