Setting up a Lasting Power of Attorney (LPA) is a crucial step in planning for the future. It ensures that a trusted individual can make decisions on your behalf should you become unable to do so. However, selecting the right attorney is a significant decision that requires careful consideration.
Understanding the Role of an Attorney
An attorney under an LPA is responsible for making decisions on your behalf in specific areas:
- Property and Financial Affairs – Managing bank accounts, paying bills, handling investments, or selling property.
- Health and Welfare – Making choices about medical treatment, care needs, and living arrangements.
Given the level of responsibility involved, choosing the right person is essential.
Who Can Be an Attorney?
In the UK, your chosen attorney must meet the following criteria:
- Be at least 18 years old
- Be financially solvent (for a Property and Financial Affairs LPA)
- Be someone you trust to act in your best interests
Potential choices include:
- Family Members – A spouse, sibling, or adult child who understands your values and wishes.
- Close Friends – A trusted friend who knows your preferences and will act responsibly.
- Professional Attorneys – Solicitors or accountants, particularly useful for complex financial matters.
Factors to Consider When Choosing an Attorney
1. Trustworthiness
Your attorney must be reliable, honest, and willing to act in your best interests at all times.
2. Financial and Legal Understanding
If appointing someone for financial matters, ensure they are capable of managing money responsibly.
3. Availability and Willingness
The role of an attorney can be demanding. Ensure they are willing to take on the responsibility and have the time to commit.
4. Proximity
While not a legal requirement, choosing someone who lives nearby can make managing affairs easier.
5. Ability to Work with Others
If you are appointing multiple attorneys, they should be able to work together effectively to avoid conflicts.
Can You Have More Than One Attorney?
Yes! You can appoint multiple attorneys and specify how they should make decisions:
- Jointly – All attorneys must agree on decisions.
- Jointly and Severally – Attorneys can act individually or together.
- A Combination – You can specify different decision-making rules for different matters.
Personal vs. Professional Attorneys
While many people choose family members or friends, some situations may require a professional attorney:
- Complex Finances – If you own businesses or have large investments, a solicitor or accountant may be a better choice.
- Avoiding Family Conflicts – If there is potential for disputes, a neutral professional can ensure fair decision-making.
However, professional attorneys charge fees, so it is essential to consider costs before appointing one.
Talking to Your Chosen Attorney(s)
Before registering your LPA, have an open discussion with your prospective attorney(s) to:
- Confirm they are willing to take on the role.
- Discuss your wishes regarding financial management and healthcare decisions.
- Provide relevant details about your assets, liabilities, and medical preferences.
How to Register Your LPA
Once you have chosen your attorney(s) and completed the necessary documents, you must register your LPA with the Office of the Public Guardian (OPG). Registration can take up to 20 weeks, so it’s best to do it early to ensure it is legally valid when needed.
Conclusion
Choosing the right attorney for your Lasting Power of Attorney is a critical decision that requires careful thought. Selecting a trustworthy, competent, and reliable individual ensures that your affairs will be managed according to your wishes.
If you’re ready to set up your LPA, consider using a professional and affordable service like LPA Online for expert guidance and a seamless process.