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Home / News / Should I make a Lasting Power of Attorney?

Should I make a Lasting Power of Attorney?

20 May 2025

A Lasting Power of Attorney (LPA) is a document that lets you, as the donor, choose people you trust, called your attorneys, to make decisions on your behalf. There are two types of LPAs – one dealing with your property and financial affairs, and the other dealing with your health and welfare.

Mental capacity

An LPA can only be made when you have mental capacity. To have mental capacity, you need to understand the decision you need to make and why it is necessary, as well as what is going to happen when you make that decision.

When considering someone’s capacity to decide, the following two questions must be considered:

  1. Does that person have a problem with the functioning of the mind or brain?
  2. Does that problem mean they are unable to make a specific decision at the time it needs to be made?

Your attorneys must always act in your best interests and must follow five basic principles set out by the Mental Capacity Act Code of Practice, these are as follows:

  1. They must assume that you can make your own decisions, unless it is established that you are unable to;
  2. They must help you make as many of your own decisions as you can and take all practical steps to help you to do so. If they have not been able to help you to make your own decision, they can only then treat you as unable to make a decision;
  3. They must not treat you as unable to decide because you make an unwise decision;
  4. They must act and make decisions in your best interests when you are unable to make a decision;
  5. Before they decide for you, they must consider if they can make the decision or act in a way that least restricts your rights and freedom.

What happens if I do not have an LPA?

If you lose capacity without an LPA, an application to the Court of Protection will be necessary to manage your financial affairs. The judge will decide who should make decisions for you. This is a lengthy and expensive process.

Decisions regarding your health and welfare will be made by healthcare professionals. They will make decisions in your best interests however, those decisions may not align with your views and wishes.

When should I make an LPA?

You should make an LPA when there is no doubt about your capacity, and you are generally well and healthy. You can prepare for your future by taking control of your affairs at any age. If your attorneys need to use the LPAs, your life will continue as normal, with those who you trust making the best decisions on your behalf.

To use an LPA, it must be registered. It is prudent to register it with the Office of the Public Guardian as soon as the LPA is signed. If there are any errors within the LPA, they can be rectified whilst you have capacity.

Once you make your LPA, you should keep it under review and ensure it is fit for purpose. You may wish to alter your attorneys if, for example, the person you initially chose is no longer able to act as your attorney. You may also wish to alter any instructions and/or preferences in your LPA, for example, if your beliefs change.

What to consider?

Generally, you can appoint anyone to be your attorney provided they have mental capacity and are over 18 years old. Some people appoint professional attorneys, for example, solicitors. You need at least one attorney, but there is no upper limit on how many attorneys you can have. You should however, consider how well they will make decisions together. You can appoint different attorneys to deal with your property and financial affairs to your health and welfare. You can also appoint replacement attorneys.

When thinking of possible attorneys, you may wish to consider:

  • How well they organise their own affairs;
  • If they know and understand you sufficiently well;
  • If they would be willing to make decisions for you; and
  • if you trust them to act in your best interests.

Before making your LPA, you should ensure your attorney agrees to be appointed. This will avoid them objecting to their appointment at a later date, which may invalidate the LPA.

If you have more than two attorneys, you can specify how they act, whether they act (1) together or individually, (2) together for all decisions, (3) together for some decisions, and together and individually for other decisions.

You can take control over important decisions by specifying your preferences and instructions in the LPA.

How can Redkite help you?

If you or a loved one do not have an LPA in place and require our help or guidance, then please get in contact with our leading team of experts here at Redkite Solicitors.

Our friendly team of experts in our Private Client departments are here to help and support you at every step of the way.

This article was written by Redkite Solicitors, Lowri Williams. To find out more about Lowri and the support that she can provide to you, visit her website profile here: https://www.redkitesolicitors.co.uk/team/lowri-williams/

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.