Choosing an Attorney for Lasting Power of Attorney: 12 Critical Tips for Peace of Mind
- Mar 18
- 3 min read
Updated: 1 day ago
Introduction to Choosing an Attorney
When it comes to planning for the future, choosing an attorney for your Lasting Power of Attorney (LPA) is one of the most important decisions you’ll ever make. This person will have the legal authority to act on your behalf, so the choice must be made carefully and thoughtfully.
Why Choosing an Attorney Matters
Your attorney could one day manage your finances, make healthcare decisions, or even decide where you live. That’s a huge responsibility. Choosing the right person ensures your wishes are respected and your best interests are always protected.
The Role of an Attorney in an LPA
An attorney acts as your decision-maker when you cannot. Their role may include:
Paying bills and managing bank accounts
Making medical decisions
Handling property and investments
Acting in your best interests at all times
Understanding the Responsibilities of an Attorney
Legal Duties Explained
An attorney must follow strict legal guidelines. These include:
Acting in your best interests
Keeping your finances separate from theirs
Following the rules set out in the Mental Capacity Act
Ethical Obligations
Beyond legal duties, attorneys must act with honesty, care, and transparency. They should always respect your preferences and values.
Key Qualities to Look for When Choosing an Attorney
Choosing an attorney isn’t just about picking someone you know—it’s about selecting someone who is capable and trustworthy.
Trustworthiness and Integrity
This is the most important trait. Your attorney must be someone who:
Acts honestly
Respects your wishes
Can be relied upon in difficult situations
Financial Competence
If your attorney will manage money, they need:
Basic financial knowledge
Good decision-making skills
Responsibility with budgeting and spending
Communication Skills
Clear communication is essential. Your attorney should:
Explain decisions clearly
Communicate with family members when needed
Keep accurate records
Availability and Commitment
Even the most trustworthy person won’t be effective if they’re unavailable. Choose someone who:
Has time to take on the role
Is willing to act when needed
Lives close enough (if possible)
Who Can Be an Attorney
Family Members vs Friends
Most people choose:
A spouse or partner
Adult children
Close friends
Each option has pros and cons. Family members may understand your wishes better, but friends can sometimes offer a more neutral perspective.
Professionals as Attorneys
You can also appoint:
Solicitors
Accountants
These professionals bring expertise but may charge fees.
Risks of Choosing the Wrong Attorney
Financial Abuse Risks
Unfortunately, giving someone control over your finances can be risky. A poor choice could lead to:
Misuse of funds
Fraudulent activity
Loss of savings
Emotional and Family Conflicts
Choosing one family member over another can create tension. Disagreements may arise, especially if decisions are questioned.
Should You Choose More Than One Attorney
Joint vs Joint and Several Decisions
You can appoint multiple attorneys:
Jointly – they must act together
Jointly and severally – they can act independently
Pros and Cons of Multiple Attorneys
Advantages:
Shared responsibility
Reduced risk of abuse
Disadvantages:
Potential disagreements
Slower decision-making
Questions to Ask Before Choosing an Attorney
Important Conversations to Have
Before making your decision, ask:
Are you comfortable taking on this role?
Do you understand my wishes?
Can you handle financial or medical decisions?
Open communication helps avoid future misunderstandings.
Safeguards and Protections
Role of the Office of the Public Guardian
The Office of the Public Guardian (OPG):
Registers LPAs
Investigates complaints
Protects vulnerable individuals
These safeguards help ensure your attorney acts properly.
FAQs About Choosing an Attorney
1. Can I change my attorney later?
Yes, as long as you still have mental capacity.
2. Can an attorney refuse the role?
Yes, they must agree to act.
3. Should I tell my attorney in advance?
Absolutely—it’s essential to discuss your expectations.
4. Can I appoint a backup attorney?
Yes, replacement attorneys can step in if needed.
5. Does an attorney get paid?
Family members usually don’t, but professionals may charge fees.
6. What happens if attorneys disagree?
It depends on how they’re appointed—joint attorneys must agree.
Conclusion
Choosing an attorney is not a decision to take lightly. It requires careful thought, honest conversations, and a clear understanding of responsibilities. By taking the time to select the right person, you ensure your future is in safe hands. Ultimately, choosing an attorney is about trust, preparation, and protecting what matters most—your wellbeing and your wishes.
