Everything You Need to Know About a Lasting Power of Attorney (LPA)

Imagine losing the ability to make decisions for yourself, whether through illness, injury, or old age. Who would step in? How would your finances be managed? Who would speak on your behalf? These are not easy questions, but they’re essential. That’s where a Lasting Power of Attorney (LPA) comes in.

A Lasting Power of Attorney is a legal document that lets you (the donor) appoint one or more trusted people (attorneys) to make decisions for you if you lose mental capacity. There are two main types in the UK:

• Health and Welfare LPA – decisions about medical treatment and care

• Property and Financial Affairs LPA – decisions about money, bills, property

  
  

But while it sounds straightforward, there are a lot of misconceptions around LPAs. Let’s clear them up by tackling the most Googled questions:

1. Who can be a witness for a Lasting Power of Attorney?

A witness must be:

• Over 18

• Not related to the person signing

• Not one of the attorneys or their spouses/civil partners

Each signature on the LPA (yours and your attorneys’) needs to be witnessed. For the certificate provider (who confirms you understand the LPA), they must have known you personally for at least 2 years or be a professional like a doctor, solicitor, or social worker.

2. Can a Lasting Power of Attorney be used after death?

No.

An LPA is only valid while the donor is alive. Once the person passes away, the LPA automatically ends, and their Will takes over. From that point, the executor named in the Will manages the estate, not the attorney.

3. Can a Lasting Power of Attorney change the Will?

Absolutely not. An attorney’s legal power does not extend to changing or rewriting a Will. They can manage finances and make decisions in the donor’s best interest, but altering a Will is strictly off-limits. If someone suspects abuse of power, it can be challenged in court.

4. Where can I get Lasting Power of Attorney forms?

You have a few options:

• Online: The official UK government website – www.gov.uk/power-of-attorney

• Paper copies: You can order them by phone from the Office of the Public Guardian

• Solicitors: If your situation is complex, a solicitor can prepare and file the forms for you

While you can DIY the forms, legal guidance is useful — especially for large estates or family disputes.

5. Who can be a Lasting Power of Attorney?

Anyone you trust who is:

• Over 18

• Has mental capacity

• Not bankrupt (for property/financial LPAs)

You can appoint more than one attorney and even have replacements in case your first choice can’t act. It could be:

• A family member

• A close friend

• A professional (e.g. solicitor or accountant)

The key is to choose someone who understands your values and will act in your best interests.

Having an LPA in place gives you control, even when life feels uncertain. It protects your health, your money, and your peace of mind, while giving your loved ones clear guidance and legal authority if something happens to you.

Don’t wait until it's too late. Contact our team today for more information or to book your appointment today.