Who Will Make Decisions for You If You Can’t? Understanding Lasting Power of Attorney

Most people assume they will always be able to make their own decisions.

But life does not always go according to plan. Illness, injury, or age-related conditions can sometimes make it difficult, or impossible, to manage finances, property, or even healthcare decisions.

This is where a Lasting Power of Attorney (LPA) becomes important.

A Lasting Power of Attorney is one of the most practical legal arrangements you can put in place for the future. It allows someone you trust to step in and make decisions on your behalf if you are no longer able to do so.

Despite its importance, many people in the UK delay setting up an LPA because they assume it is something only older people need. In reality, it is relevant to any adult who wants to ensure their affairs are managed by the right person if circumstances change.

This guide explains what a Lasting Power of Attorney is, how it works, and why it can provide peace of mind for both you and your family.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf if you lose the ability to make those decisions yourself.

The person who creates the LPA is known as the donor.
The person chosen to act on their behalf is called the attorney.

LPAs must be registered with the Office of the Public Guardian before they can be used.

Once registered, the appointed attorney can help manage the donor’s affairs if needed, depending on the type of LPA created.

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The two types of Lasting Power of Attorney

In England and Wales, there are two types of LPA, and many people choose to set up both.

1. Property and Financial Affairs LPA

This type of LPA allows your attorney to make decisions about financial matters, such as:

• managing bank accounts
• paying bills
• handling investments
• buying or selling property
• managing pensions or benefits

This LPA can be used while you still have mental capacity, if you choose, or only if you lose the ability to manage your finances.

2. Health and Welfare LPA

A Health and Welfare LPA covers decisions about your personal wellbeing and care.

This can include:

• medical treatment decisions
• care arrangements
• where you live
• day-to-day wellbeing decisions

Unlike the financial LPA, this type can only be used once you no longer have the capacity to make these decisions yourself.

Guidance on LPAs and decision-making capacity is provided by GOV.UK, which explains how these documents operate under the Mental Capacity Act.

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Why setting up an LPA matters

Without a Lasting Power of Attorney in place, your loved ones cannot automatically manage your affairs if you become unable to do so.

Many people assume a spouse, partner, or adult child would simply take over. Unfortunately, the law does not work that way.

If someone loses mental capacity without an LPA, their family may need to apply to the Court of Protection for authority to make decisions on their behalf.

This process can be:

• expensive
• time-consuming
• stressful for families

In the meantime, important financial or healthcare decisions may be delayed.

Creating an LPA in advance avoids this situation and ensures the right person is authorised to act when needed.

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Choosing the right person to act as your attorney

Selecting an attorney is an important decision. The person you choose should be someone you trust to act responsibly and in your best interests.

Common choices include:

• a spouse or partner
• an adult child
• a close family member
• a trusted friend

You can appoint more than one attorney, and you can decide how they should make decisions.

For example, attorneys can act:

• jointly (they must agree on all decisions), or
• jointly and severally (they can act together or independently).

This flexibility allows you to tailor the arrangement to suit your circumstances.

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What responsibilities does an attorney have?

Being an attorney carries significant responsibilities.

Attorneys must always:

• act in the donor’s best interests
• follow the principles of the Mental Capacity Act
• keep financial records where relevant
• avoid conflicts of interest

They cannot use their position for personal gain or make decisions that go against the donor’s interests.

In other words, an attorney is expected to act carefully and responsibly when making decisions.

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When should you create a Lasting Power of Attorney?

Many people delay creating an LPA because they associate it with old age or declining health.

In reality, an LPA can only be set up while you still have mental capacity.

Once someone loses the ability to make decisions, it is no longer possible to create one.

This is why many people choose to arrange an LPA as part of general life planning, alongside documents such as a will.

It is simply a practical way of preparing for unexpected situations.

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How long does it take to set up an LPA?

SoAfter the document is completed and submitted, it must be registered with the Office of the Public Guardian before it can be used.

Registration typically takes several weeks, as the document goes through a formal review process.

Because of this timeframe, it is best not to wait until an urgent situation arises before setting up an LPA.

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Common misconceptions about Lasting Power of Attorney

“My family can decide for me automatically”

Without an LPA, family members usually need court authority to act on your behalf.

“I’m too young to need one”

Unexpected illness or accidents can happen at any age.

“My attorney will take control immediately”

In most cases, you still retain full control over your affairs while you have mental capacity.

The LPA simply ensures someone you trust can step in if necessary.re appropriate.