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There are two types of Lasting Power of Attorney. A Property & Financial Affairs LPA covers things like managing bank accounts, paying bills, and dealing with property. A Health & Welfare LPA allows your Attorney to make decisions about medical care, living arrangements, and day-to-day wellbeing—but only if you lose mental capacity.
What an Attorney Can Do
What an Attorney Can Do
An Attorney has a legal duty to act in your best interests at all times. Depending on the type of LPA, they can:
Manage your finances, including paying bills and collecting income
Make decisions about selling or maintaining your home
Liaise with banks, pension providers, and utility companies
Make care-related decisions, including where you live
Speak with doctors and make medical decisions (Health and Welfare LPA only)
They must follow the principles set out in the Mental Capacity Act, which means involving you in decisions as much as possible and choosing the least restrictive option.
What an Attorney Cannot Do
What an Attorney Cannot Do
There are clear limits to an Attorney’s powers. They cannot:
Act outside the authority given in the LPA
Make decisions before the LPA is registered
Override your wishes if you still have mental capacity
Make large gifts or transfer assets for their own benefit
Change your Will or make a new Will on your behalf
Attorneys are accountable for their actions, and misuse of power can lead to serious legal consequences.
What Happens Without an LPA?
What Happens Without an LPA?
If you lose mental capacity without having an LPA in place, your family cannot automatically step in to manage your affairs. Instead, they may need to apply to the Court of Protection for a Deputyship Order. This process can be time-consuming, costly, and stressful. The court will decide who should take responsibility, which may not be the person you would have chosen.
The Court of Protection is a specialist court in England and Wales that makes decisions for people who are unable to make decisions for themselves due to a lack of mental capacity.
Its role is to protect vulnerable individuals and ensure that any decisions made on their behalf are in their best interests. This can include decisions about finances, property, healthcare, and personal welfare.
The court also deals with applications for Deputyship Orders, where it appoints someone (a Deputy) to manage a person’s affairs if no Lasting Power of Attorney (LPA) is in place. In addition, it can resolve disputes—for example, if family members disagree about care or financial decisions.
Deputyship Orders Explained
Deputyship Orders Explained
In these situations, the court may grant a Deputyship Order. A Deputy is appointed to make decisions on your behalf, similar to an Attorney, but with stricter oversight. Deputies often have ongoing reporting requirements and may need permission from the court for certain decisions.
A Deputyship Order is generally seen as a last resort because it lacks the flexibility and personal choice that comes with setting up a Lasting Power of Attorney in advance.
Why Planning Ahead Matters
Why Planning Ahead Matters
Putting an LPA in place early ensures that your affairs are handled by someone you trust, in line with your wishes. It avoids delays, reduces stress for your family, and provides clarity during what can be a very difficult time.
In summary, a Lasting Power of Attorney is a key part of planning for the future. It gives you control, protects your interests, and ensures that decisions about your finances, health, and wellbeing are made by the right person, at the right time.
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