Make a Lasting Power of Attorney: Tips for Picking the Right Attorneys
Why Choosing the Right Attorney for your Lasting Power of Attorney Matters
A Lasting Power of Attorney (LPA) gives someone authority to make decisions for you if you lose mental capacity. Choosing the wrong attorney can lead to conflict, poor decisions, or even abuse. Selecting the right people to act as an attorney and naming replacements if required is one of the most important parts of creating an LPA.
Tip 1: Choose Someone You Trust Completely
Your attorney should be:
- Honest and reliable
- Capable of handling responsibility
- Willing to act in your best interests
Trust matters more than family status, the “obvious” choice is not always the best one.
Tip 2: Consider Practical Ability, Not Just Relationship
Ask yourself:
- Can they manage finances?
- Can they communicate clearly with professionals?
- Will they cope under pressure?
For an LPA covering decisions on Property & Financial Affairs, financial competence is essential.
Tip 3: Decide How Multiple Attorneys Should Act
You can appoint attorneys:
- Jointly (they must agree on all decisions); or
- Jointly and severally (they can act together or independently)
Joint appointments offer safeguards but can cause delays. Joint and several appointments provide flexibility but require trust.
Tip 4: Don’t Forget Replacement Attorneys
Life changes. Attorneys may:
- Become ill
- Move abroad
- Lose capacity themselves
Naming replacement attorneys helps to ensure your LPA remains valid by having an attorney in place at all times.
Tip 5: Talk to Your Attorneys Before Appointing Them
Your attorneys should understand:
- Your wishes and values
- The responsibilities involved
- When the LPA would be used
Clear conversations reduce misunderstandings and future disputes between your attorneys.
Careful Choices Now Prevent Problems Later
An LPA is only as strong as the people you appoint. Professional advice ensures your document reflects your intentions, includes appropriate safeguards, and remains effective when it matters most.
For expert advice on wills, power of attorney and probate, you can contact WSP Solicitors’ local offices, servicing the whole of Gloucestershire, including; Gloucester, Stroud, Cheltenham, Tewkesbury or the Forest of Dean, or use the enquiry form on this page to request a callback.