A simple guide to Lasting Powers of Attorney

There can be times in our lives when we’re not able to make decisions or take actions without support. For example, you might be seriously ill in hospital after an accident, or you might have a progressive disease impacting your memory.   

Lasting Powers of Attorney (LPAs) help ensure your wishes are respected and your best interests represented when you lack physical or mental capacity.

People often only think about setting up LPAs in their later years, but they can act as a legal lifeline at any age. In this blog, the Wills, Trusts & Probate team at Attwaters explain the importance of LPAs and how they can benefit you and your loved ones.

How do LPAs work?

There are two types of LPA: one covers your financial affairs and the other, your health and care. You can choose to make one or both types of LPA.

Property and Financial Affairs LPA: This gives your attorneys the power to manage your finances, which can include paying bills, overseeing bank accounts and handling tax returns. It also means attorneys can make decisions about your property, for example carrying out essential repairs.

Health and Welfare LPA: This covers decisions about your care, medical treatment and day-to-day wellbeing, such as where you live and your daily routine. You can also set out specific wishes concerning life-sustaining treatment.

Why are LPAs important?

If you don’t have LPAs in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf if you lack capacity, which can be costly and time-consuming.

Establishing LPAs in advance means you can choose who makes decisions about your future rather than family members being selected by the courts. It also prevents delays to time-sensitive decisions that could have long-term and life-changing consequences for you and your loved ones in the future.

Who can you appoint as an attorney?

Your attorney should be someone you trust to act in your best interests. This could be a family member, friend or a professional, such as a solicitor. You can appoint more than one attorney and specify whether they can act separately or jointly.

Choosing the right attorney is important as they might need to make major decisions on your behalf, for example selling assets to raise funds for your care or approving high-risk medical procedures.

It’s a good idea to talk to your attorneys about any specific preferences as well as your overall values, so they can act in line with your wishes if needed. For example, you might only want to invest in certain types of companies or be opposed to some medical interventions near end of life.  

As long as you have capacity, you can cancel or amend your LPAs at any time. You can also appoint replacement or additional attorneys. It’s worth remembering that setting up and altering LPAs can take time, so planning ahead is important. 

When can attorneys act?

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used, and can only be activated in specific circumstances:

Property and Financial Affairs: can be used with your consent while you still have capacity or if you lose capacity in the future.

Health and Welfare: only comes into effect if you lack capacity to make decisions.

There are different ways to activate and use an LPA depending on the date it was set up. Attwaters can help attorneys navigate this important first step and understand their obligations, for example, keeping detailed financial records.

Where can I get trusted advice on LPAs?

Setting up LPAs can give you peace of mind about the future, but it’s important to ensure they are not abused. According to the OPG, more than 11,000 safeguarding concerns were reported in relation to LPAs between 1 April 2024 and 31 March 2025.

Seeking expert advice from a solicitor can help you make more informed choices when appointing attorneys and specifying their powers. Whether you want to set up new LPAs or amend existing ones, our approachable and independent Wills, Trusts & Probate team will support you through the process. Contact them on enquiries@attwaters.co.uk or 0330 221 8855 to find out more.