Who Should You Choose as Your LPA Attorney?
Choosing an LPA attorney is one of the most important parts of making a Lasting Power of Attorney.
An LPA allows you to appoint someone you trust to make certain decisions on your behalf. However, choosing the right person deserves careful thought.
Who would you trust to make decisions for you?
Your attorney may one day deal with important decisions about your finances, property, health or welfare. Therefore, it is important to choose someone who understands you and will take the responsibility seriously.
Choosing the right person is therefore about much more than simply choosing the person closest to you.
What does an LPA Attorney Do?
A Lasting Power of Attorney allows you to appoint one or more people you trust to make certain decisions on your behalf.
There are two types of LPA: one covering Property and Financial Affairs and another covering Health and Welfare.
The responsibilities of an attorney will depend on which type of LPA you have made and the authority given to them.
For example, a Property and Financial Affairs attorney may deal with matters involving your money, bills, bank accounts or property. A Health and Welfare attorney may be involved in decisions concerning your care, medical treatment and where you live when you are unable to make those particular decisions yourself.
An LPA must be registered with the Office of the Public Guardian before it can be used.
Who can you choose as your Attorney?
Your attorney does not necessarily have to be a particular family member like your husband, wife or partner, your son or daughter. You could choose a trusted friend or, in some circumstances, a professional.
An attorney must be aged 18 or over and have the mental capacity to make their own decisions. There are also additional restrictions relating to bankruptcy and Debt Relief Orders when appointing an attorney for a Property and Financial Affairs LPA.
The important question is not simply “Who am I closest to?”
It is: “Who do I trust to make the right decisions for me?”
What makes someone a good attorney?
Trust should be at the heart of your decision.
Think about whether the person understands you, your wishes and the things that matter to you.
You may also want to consider whether they are responsible in managing their own affairs, whether they are comfortable making potentially difficult decisions and whether they are genuinely willing to take on the responsibility
GOV.UK recommends considering how well you know the person, how they manage their own affairs, whether you trust them to act in your best interests and how willing they are to make decisions for you.
Choosing someone simply because you feel they expect to be chosen may not be the best approach.
Should you choose family or a friend?
There is no rule saying your attorney has to be your spouse, partner or child.
For many people, a close family member will be the obvious and appropriate choice. For others, a trusted friend may be better suited to the role.
What matters is finding someone you trust and who you believe will take their responsibilities seriously.
It can also be worth considering practical matters. Does the person communicate well? Are they organised? Would they be comfortable dealing with financial institutions, healthcare professionals or other organisations if necessary?
The right choice will be different for every family.
Can you have more than one Attorney?
Yes. You can appoint more than one attorney.
If you do, you will need to decide how they are permitted to make decisions.
They can be appointed to act jointly and severally, meaning they can make decisions individually or together, or jointly, meaning they must agree on decisions. It is also possible to require some decisions to be made jointly while allowing others to be made jointly and severally.
This is an important part of setting up an LPA because the way your attorneys are appointed can affect how practical the arrangement is in the future.
Should your Attorneys get along?
If you are appointing more than one attorney, this is worth thinking about.
Two people may each be perfectly trustworthy individually, but will they be able to communicate and make decisions together when it matters?
If attorneys are required to act jointly, they must all agree on the decision. GOV.UK guidance therefore recommends considering whether the people you choose will be able to work together.
Family relationships can sometimes be complicated, so this is an area where a little thought now can help avoid difficulties later.
Should you appoint a Replacement Attorney?
You can also name replacement attorneys.
A replacement attorney can step in if an original attorney is no longer able to act.
This provides an additional level of forward planning and can be particularly useful because circumstances can change over the years.
Again, how replacement attorneys are appointed needs to be considered carefully so that the LPA works in the way you intend.
Talk to your Attorneys before you appoint them
One of the simplest things you can do is speak to the people you are considering before naming them.
Ask whether they are comfortable taking on the role.
It is also an opportunity to talk about your wishes, priorities and what matters to you.
GOV.UK recommends making sure each person agrees to be your attorney before you name them in the LPA.
These conversations can make things much clearer for everyone involved.
The most important question: Who do you trust?
Making an LPA is about planning for the possibility that somebody may need to help you with important decisions in the future.
That makes choosing your attorney a very personal decision.
Rather than automatically choosing someone because of their relationship to you, think about who you genuinely trust to understand your wishes, act responsibly and put your interests first.
Who would you choose as your LPA attorney?
It is a question worth considering while the decision remains yours to make.
Lasting Power of Attorney support in Rochdale
At Wills & Wishes Legal, Fiona Daly provides friendly, professional help with Lasting Powers of Attorney for individuals and families across Rochdale and surrounding areas.
The process is explained in plain English, with time to consider who you would like to appoint and how you want your arrangements to work.
Home appointments are available, alongside telephone and video consultations.
Fiona is a member of the Society of Will Writers and Wills and Wishes Legal has received over 200 five-star Google reviews.
If you are considering making a Lasting Power of Attorney and would like to discuss your options, please contact Fiona on:
07799 213721
Or visit our website for more information:
www.willsandwisheslegal.co.uk
Make your wishes legal.