April 6, 2026 – Arford Henderson Law

How to Choose the Right Lasting Power of Attorney

Core Services & Awareness / Nadeem Afzal

How to Choose the Right Attorney for a Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place for the future. It allows a trusted individual to make decisions on your behalf if you become unable to manage your own affairs.

Because an attorney may be responsible for significant decisions relating to your health, welfare, finances, or property, choosing the right person is a decision that should be made carefully.

Why Choosing the Right Attorney Matters

Your attorney will have a legal duty to act in your best interests and make decisions that reflect your wishes and values.

The person you appoint may be responsible for managing sensitive matters, including:

Financial accounts and investments
Property and assets
Healthcare decisions
Daily care arrangements
Communication with professionals and family members

For this reason, selecting someone you trust completely is essential.

Trust Is the Most Important Factor

An attorney should be someone who is honest, dependable, and capable of acting responsibly on your behalf.

Many people choose:

A spouse or partner
An adult child
A sibling
A close friend
A professional adviser

Whoever you choose should be someone you believe will always act in your best interests and respect your wishes.

Consider Reliability and Responsibility

Being an attorney involves more than simply making decisions when needed.

The role may require someone to:

Manage finances
Pay bills and expenses
Handle legal documents
Make important healthcare decisions
Deal with property matters

An organised and responsible individual is often best suited to these duties.

The Importance of Good Communication Skills

Attorneys frequently need to communicate with a range of people, including:

Medical professionals
Care providers
Banks and financial institutions
Solicitors and legal professionals
Family members

Choosing someone who can communicate clearly and confidently can help ensure matters are handled efficiently and effectively.

Appointing More Than One Attorney

Many people choose to appoint multiple attorneys.

This can provide several advantages, including:

Shared responsibility
Additional oversight
Greater flexibility in decision-making

However, it is important to select individuals who can work together cooperatively and make decisions in a constructive manner.

Disagreements between attorneys can create unnecessary delays and complications.

Make Sure They Are Willing to Act

Before appointing someone as your attorney, it is important to discuss the role with them.

Acting as an attorney can involve:

Significant responsibility
Time commitments
Complex decision-making
Ongoing administrative duties

Ensuring they fully understand and accept these responsibilities can help prevent problems later.

Think About Age and Future Availability

While trust and capability are crucial, it is also sensible to consider whether your chosen attorney is likely to be available when needed.

Factors to think about include:

Their age
Health
Location
Long-term availability

Someone considerably older than you may not be the most practical long-term choice, particularly if the LPA is not needed for many years.

Registering the LPA

Once you have selected your attorney, the Lasting Power of Attorney must be properly prepared and registered before it can be used.

Registration ensures that the document is legally recognised and allows your attorney to act when necessary.

Completing the process correctly is an important step in protecting your future interests.

Planning Ahead with Confidence

Creating a Lasting Power of Attorney provides reassurance that important decisions will be handled by someone you trust if you are ever unable to make those decisions yourself.

By carefully selecting the right attorney and putting the appropriate arrangements in place, you can help safeguard your wellbeing, protect your assets, and provide peace of mind for both yourself and your loved ones.

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What Is Probate and When Is It Needed?

Core Services & Awareness / Nadeem Afzal

What Is Probate? A Guide to the Probate Process

Probate is the legal process of administering a person’s estate after they have passed away. It provides the legal authority required to manage the deceased person’s assets, settle outstanding debts, and distribute the estate to beneficiaries.

Understanding how probate works can help families, executors, and beneficiaries navigate the process more effectively during what is often a difficult time.

What Is Probate?

Probate is the court-approved process that confirms an individual’s authority to deal with a deceased person’s estate.

The estate may include:

Property and land
Bank and savings accounts
Investments and shares
Vehicles
Personal possessions
Other financial assets

The purpose of probate is to ensure that the estate is administered lawfully and that the deceased person’s wishes are carried out correctly.

Who Applies for Probate?

If the deceased left a valid Will, the person appointed as executor is usually responsible for applying for probate.

The executor’s role includes:

Identifying assets and liabilities
Managing the estate
Paying outstanding debts
Distributing assets to beneficiaries

If there is no valid Will, a close family member may apply for authority to administer the estate instead. In these cases, the person appointed is known as an administrator rather than an executor.

The Probate Process Explained

1. Valuing the Estate

The first step is to establish the total value of the estate.

This involves identifying and assessing all assets, including:

Property
Bank accounts
Investments
Valuable personal belongings

The executor must also identify any outstanding debts and liabilities.

Accurate valuation is essential, particularly when determining whether inheritance tax is payable.

2. Applying for Probate

Once the estate has been valued, an application is submitted to the relevant court.

The application includes information about:

The deceased person
The executor or administrator
The value of the estate
Any inheritance tax obligations

If the application is approved, the court issues legal authority to administer the estate.

3. Obtaining the Grant of Probate

When a valid Will exists, the court issues a document known as a Grant of Probate.

This document confirms the executor’s authority to act on behalf of the estate.

The Grant of Probate allows the executor to:

Access financial accounts
Sell or transfer property
Collect funds owed to the estate
Manage investments
Distribute assets to beneficiaries

Without this authority, many organisations will not release funds or transfer assets.

4. Administering the Estate

Once probate has been granted, the executor can begin managing the estate.

This typically includes:

Collecting assets
Paying outstanding debts
Settling taxes
Closing accounts
Distributing inheritances according to the Will

The executor must keep accurate records and ensure all legal obligations are met throughout the process.

Is Probate Always Necessary?

Probate is not required in every estate.

In some situations, assets may pass automatically to another person without the need for probate.

Examples include:

Jointly owned property
Joint bank accounts
Certain pension or insurance benefits

Small estates may also qualify for simplified procedures depending on the circumstances.

However, many banks and financial institutions require probate before releasing funds held solely in the deceased person’s name.

How Long Does Probate Take?

The time required to complete probate varies depending on the size and complexity of the estate.

Factors that may affect the timeline include:

Property sales
Multiple assets
Tax matters
Missing documents
Beneficiary disputes

Straightforward estates may be resolved within a few months, while more complex estates can take considerably longer.

Common Challenges During Probate

Executors often face a variety of responsibilities and legal requirements.

Common challenges include:

Locating all assets
Dealing with inheritance tax obligations
Managing property sales
Resolving family disagreements
Completing legal paperwork accurately

Errors during probate can result in delays, additional costs, or legal complications.

Why Professional Advice Can Help

Many executors choose to seek assistance from a solicitor when administering an estate.

Professional legal guidance can help with:

Probate applications
Estate valuation
Tax matters
Asset distribution
Resolving disputes

Expert support can reduce stress and help ensure that the estate is administered correctly and efficiently.

Planning Ahead for the Future

Understanding probate is an important part of estate planning. A properly prepared Will, accurate record-keeping, and professional advice can make the probate process significantly smoother for loved ones after your death.

By planning ahead, you can help ensure that your estate is managed efficiently, your wishes are respected, and your beneficiaries receive their inheritance with minimal delays or complications.

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