When setting up a Lasting Power of Attorney (LPA), you’re making a legal decision about who can make the most important decisions about your health, care, property and finances on your behalf.
It’s important that you know your Attorneys are acting in your best interests at all times.
You should appoint someone, or a group of up to four people, who you trust to understand and respect your wishes in some potentially difficult circumstances – such as making complex medical decisions or selling your property.
Many people choose to nominate their children or spouse/partner, but others may deem another loved one more appropriate, such as:
The most important thing is to choose someone that you trust and that is capable of making important decisions for you.
For a health and welfare LPA, there is no one that you cannot nominate as an Attorney as long as they have capacity and are over 18.
However, you may wish to avoid appointing someone who may struggle to make certain decisions. These may include:
Additionally, you cannot appoint someone to a finance and property LPA who is bankrupt or subject to a Debt Relief Order (DRO).
You may find that you appoint an Attorney who later decides that they cannot take on the role or demonstrate that they’re unsuitable.
In this case, for as long as you have sufficient capacity, you can change some or all of your named Attorneys.
To remove an Attorney from an LPA, you can send a ‘partial deed of revocation’ to the Office of the Public Guardian (OPG) naming the Attorney you wish to remove.
You can nominate a new Attorney in their place or create a new LPA.
If you choose to create a new LPA, you will need to ask the OPG to cancel your existing one through a ‘deed of revocation’.
The actions of an Attorney or the LPA itself can be challenged by either yourself or someone else.
You can object to the OPG through a form.
An Attorney can raise an objection to an LPA via a form also accessible above, alongside the COP7 form for the Court of Protection.
These objections can be either:
You or your Attorney can also make a direct report to the OPG.
To make sure your Attorneys always act in your best interest, make sure that your loved ones know how to report any concerns they have about the actions of your Attorneys.
For advice on putting an LPA in place, please contact our team.
