A Lasting Power of Attorney (LPA) is one of the most important documents you can put in place for your future. Unlike a general power of attorney, an LPA continues even if you lose mental capacity, making it essential for long-term planning. There are two types: Property & Financial Affairs, and Health & Welfare. Both can be a lifeline, but they also have the potential to spark family disagreements—especially when siblings, partners, or step-relatives are involved.

Let’s explore how you can set up an LPA to minimise conflict, ensure your wishes are respected, and keep everyone on the same page.

Setting Up Your LPA: Decisions That Prevent Conflict

The way you draft your LPA can make all the difference. Here are some key choices to consider:

1. Joint vs Jointly and Severally Attorneys

• Joint: Attorneys must act together on every decision. This can prevent one person from acting alone, but it risks deadlock if they disagree or if one is unavailable.

• Jointly and Severally: Attorneys can act together or independently. This adds flexibility, but also means one attorney could make decisions without consulting the others.

• Hybrid Approach: For major transactions (like selling a house), you can require joint action, while allowing routine matters to be handled individually. For example, “Attorneys must act jointly for any transaction over £5,000, but may act jointly and severally for day-to-day payments.”

2. Naming Replacements

Life changes—people move, fall ill, or pass away. If one attorney can’t act, naming replacements ensures there’s always someone to step in. This avoids gaps and the need for court intervention.

3. Restrictions and Guidance

You can include specific instructions to guide your attorneys and reassure your family. For example:

• “No sale of the home without two independent valuations and written consultation with all children.”

• “Keep quarterly accounts and share them with all children on request.”

• “Consult with my GP before making any major health decisions.”

These restrictions don’t just protect your interests—they also help prevent misunderstandings and accusations of unfairness.

Challenging or Supervising Attorneys

Even with careful drafting, concerns can arise. Here’s how relatives can challenge or oversee attorneys:

1. Objecting During Registration

When you register an LPA, the Office of the Public Guardian (OPG) notifies certain people. During this period, relatives can object for specific reasons, such as fraud, undue pressure, or if the attorney is ineligible. This is the time to raise concerns if you believe the appointment isn’t right.

2. OPG Safeguarding Powers

If you suspect misuse, lack of consultation, or conflicts of interest, you can report your concerns to the OPG. They have the authority to demand accounts, investigate, and even visit the attorney. This oversight is a vital safety net.

3. Court of Protection (Section 22, Mental Capacity Act 2005)

If things go seriously wrong, you can apply to the Court of Protection. The court can give directions, remove an attorney, or appoint someone new if decisions aren’t in the donor’s best interests. This is a last resort, but it’s there if you need it.

4. Gifts and Expenses

Attorneys can only make reasonable, customary gifts (such as birthday or Christmas presents). Larger gifts, loans, or transfers usually require court approval. It’s wise to keep receipts and records for all expenses, so everything is transparent.

Worked Example

Mrs T appoints her spouse as sole attorney for property matters. Her adult children worry that the family home could be sold quickly, perhaps against her wishes. During the OPG registration period, they file an objection, citing a conflict of interest. They propose a revised LPA: the spouse and one child must act jointly for any property sale, and quarterly accounts must be shared with all children. The OPG pauses registration, and the Court of Protection reviews the case. Ultimately, the court approves the safer structure, ensuring Mrs T’s wishes are protected and her children feel reassured.

Key Takeaways

• Draft your LPA with clear safeguards from the start—think about joint decision-making, replacements, and written guidance.

• Use the OPG’s notice period to raise any concerns about who’s appointed or how decisions will be made.

• If you suspect misuse or conflict, report it to the OPG or, if necessary, apply to the Court of Protection.

• Attorneys must act in your best interests and keep clear records, especially for gifts and expenses.

Final Thoughts

An LPA is a powerful way to protect yourself and your family, but it’s also a source of responsibility. By thinking ahead, setting clear boundaries, and making your wishes known, you can avoid many of the common pitfalls. Open conversations with your loved ones before you sign anything can make all the difference. If you’re unsure, take your time and make sure your instructions are as clear as possible.

Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.