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.