A lasting power of attorney, or LPA, is a crucial legal document, yet there are many misconceptions that prevent people from setting one up. Clarifying these misunderstandings can help ensure your wishes are respected and your loved ones are protected.
“Only Family Members Can Be Attorneys”
Attorneys can be friends, solicitors, or anyone you trust over the age of 18 who has mental capacity. You’re not limited to family, which is useful if relatives live far away or you prefer someone more neutral.
“One Type of LPA Covers Everything”
There are two types of LPA: Property and Financial Affairs, and Health and Welfare. Each covers a distinct area – money management versus medical decisions. Setting up both ensures that your preferences are protected across all aspects of life, especially in unexpected circumstances.
“I Don’t Need One If I’m Healthy”
Many believe that powers of attorney are only necessary in old age or ill health. In reality, a UK power of attorney must be arranged while you still have mental capacity. Accidents or sudden illness can happen at any time. Without one in place, loved ones may face delays and legal barriers to managing your affairs.
“I’ll Lose Control of My Life”
Setting up an LPA does not mean handing over control. Attorneys can only act if you lose capacity, or earlier, if you choose and specify this. The Mental Capacity Act 2005 protects your right to make your own decisions wherever possible, even if others disagree.
“Next of Kin Can Automatically Decide for Me”
Being next of kin does not give someone legal authority to make decisions. Only an appointed attorney under a registered UK power of attorney can act on your behalf. Without this, the family may need to apply to the Court of Protection, a costly and time-consuming process.
“It’s Difficult to Change or Cancel an LPA”
LPAs are flexible and can be changed or revoked at any time, so long as you still have capacity. If your circumstances or relationships change, you can complete a Deed of Revocation to officially cancel the arrangement.
