A guide to Lasting Power of Attorney

Who would make decisions for you if you could not?

Most of us expect to make our own decisions about money, health and care throughout our lives. But illness, an accident or a change in mental capacity can make that difficult.

A Lasting Power of Attorney, often called an LPA, is a legal document. It lets you choose someone you trust to make certain decisions for you if you cannot make them yourself.

What our Life100+ research tells us

Putting plans in place early can give you more control and make things clearer for the people close to you.

  • Only 16% of people have talked about a power of attorney.
  • 39% of people had written a will.
  • 49% of people had talked to loved ones about their wishes for later life and after death.

Talking about your wishes can help the person you choose understand what matters to you.

What is Lasting Power of Attorney?

An LPA lets you choose one or more people to make decisions for you. These people are called attorneys.

Your attorney must act in your best interests. They should follow any wishes, preferences or instructions you have included.

You can choose when your attorney can make decisions. You can also choose how more than one attorney should work together.

When might LPA be important?

If you become unable to make some decisions, family members may not automatically have the legal right to make them for you.

This can make it harder to deal with your money, property, health or care.

An LPA can help you:

  • choose who you trust to make decisions
  • explain what matters to you
  • make things clearer for your family
  • avoid delays and extra stress at a difficult time

What decisions can an attorney make?

The decisions an attorney can make depend on the type of arrangement.

They may relate to:

  • property and financial decisions such as paying bills and dealing with investments
  • health and welfare decisions such as medical treatment and the support you receive

You can set out your preferences and instructions when making the arrangement. 

Choosing an attorney

Choose someone you trust. They should understand your wishes and be comfortable with the role.

Think about whether they:

  • know you well
  • can make careful decisions
  • can manage money responsibly, if needed
  • are likely to be available in the future
  • can work with other attorneys, if you choose more than one

Talk to anyone you are considering before you appoint them.

You can also choose a replacement attorney. This person can step in if your first choice cannot act. 

Share your wishes

An LPA is more useful when the people you choose understand what matters to you.

You may want to talk about:

  • how you manage your money
  • what care you would prefer
  • where you would like to live
  • who else should be involved in decisions
  • any beliefs or values that are important to you

Keep your LPA and contact details up to date. Review them after major changes in your life, such as divorce, illness or the death of an attorney.

What happens if there is no LPA?

If you lose the ability to make decisions and do not have an LPA, your family may not automatically have the authority to make decisions for you.

They may need to apply through a legal process to be allowed to act. This can take time and may cost money.

The difference between an LPA and a will

An LPA is used whilst you are alive. It ends when you die.

A will explains what should happen to your money, property and belongings after you die.

It is helpful to review your LPA, will and wider financial plans together. 

Read our guide to Inheritance Tax

Rules can differ across the UK

The name of the document, the rules and the registration process can differ depending on where you live.

England and Wales use Lasting Powers of Attorney. Scotland and Northern Ireland have different arrangements.

Make sure you understand the rules that apply where you live before making any decisions.

What should I do next?

Start by thinking about who you would trust to make decisions for you.

Talk to the people you are considering. Let them know what matters to you and ask whether they are comfortable with the role.

A solicitor or legal specialist can help you understand the document and rules that apply where you live.

A regulated financial adviser can help you consider how an LPA fits with your wider financial plans, including your savings, investments, pensions and estate plans.

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Find a financial adviser

As life changes, so do your financial priorities. Speak to a financial adviser to explore solutions tailored to your goals, circumstances and long-term plans.

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Important information

This information is intended as a general guide only and is not personal financial, legal or tax advice. Consider taking appropriate financial, legal or tax advice before making decisions about retirement, savings, investments, gifting, inheritance, estate planning or family support.