5 Things To Consider When Making An LPA

5 Things To Consider When Making An LPA


Creating a Lasting Power of Attorney (LPA) is an important step for ensuring that your wishes are respected and your affairs are managed if you become unable to make decisions for yourself.

Whether it’s due to illness, age, or an unexpected event, having an LPA in place will provide peace of mind for you and your loved ones. However, the process can seem rather complicated and overwhelming at first.

In this article, we’ll break down the key considerations to help you navigate the process with ease. From choosing the right type of LPA to selecting a trusted attorney, understanding these five essential factors will make the process smoother and more straightforward.

Let’s explore what you need to know to confidently set up a POA online and safeguard your future.

1. Choosing the Right Type of LPA

Selecting the correct type of Lasting Power of Attorney is essential for ensuring that your wishes are carried out just the way you want. There are two main types of LPA: one for health and welfare, and another for property and financial affairs.

The health and welfare LPA covers decisions about your medical treatment and daily care if you can’t make them yourself. On the other hand, the property and financial affairs LPA allows your attorney to manage your finances, such as paying bills or selling your home.

When setting up an LPA, you need to decide which type best suits your needs—or if you need both. This will help you ensure that your interests are protected in the future, even if you’re unable to oversee them.

2. Selecting Your Attorney(s)

Selecting an attorney for your Lasting Power of Attorney is a critical decision that requires careful consideration. While choosing your attorney, keep in mind that they will be making important decisions on your behalf, so make sure to look for key aspects like trustworthiness and reliability.

Choose someone who understands your values and wishes, whether it’s a family member, close friend, or a professional. It’s also important that they are willing to take on the responsibility and that they’re fully aware of their duties.

You could also consider appointing more than one attorney to share the duties if necessary. Overall, ensuring clear communication and trust with your chosen attorney(s) will help safeguard your interests and give you peace of mind.

3. Determining the Scope of Power

Determining the scope of power in your LPA is essential to ensure that your attorney(s) act within your wishes.

You can specify the decisions your attorney can make, ranging from broad authority over all matters to limited power for specific tasks, like managing your bank accounts or deciding on medical treatments. Make sure that you’re extremely clear about any restrictions or special instructions, such as when certain powers should be exercised.

By tailoring the scope of power, you can help avoid misunderstandings and ensure that your attorney acts in your best interests. This will allow you to rest assured that your chosen attorney is respecting your preferences and giving you the control you need over your affairs.

4. Instructions and Preferences

By providing clear instructions and preferences in your Lasting Power of Attorney, you can guide your attorney(s) in decision-making. That means you have to clearly outline your wishes regarding medical care, living arrangements, and financial management.

Additionally, specify your preferences for everyday matters, such as where you’d like to live or how you want your finances handled. Don’t forget to detail any religious or cultural considerations that should be respected. Make sure to regularly update your instructions to reflect any changes in your preferences or circumstances.

By communicating openly with your attorney(s) about your wishes, you can ensure that they honour your choices and maintain your quality of life according to your wants and needs.

5. Safeguards and Oversight

Implementing safeguards and oversight in your LPA adds an extra layer of protection. For this, you can choose someone trusted to oversee your attorney(s), such as a family member, friend, or solicitor.

This chosen person can then monitor the actions of your attorney(s) to ensure that they act in your best interests. You could also consider asking your attorney(s) to provide regular reports on their decisions and actions. Additionally, you can appoint replacement attorney(s) in case your original choice becomes unable or unwilling to act.

These safeguards help prevent abuse or misuse of power, thereby giving you reassurance that your affairs will be managed responsibly and according to your wishes.

To Sum Up

Creating a Lasting Power of Attorney is a vital step in safeguarding your future and ensuring that your wishes are respected in case you’re no longer able to make decisions for yourself. 

By considering the five key factors that we’ve outlined here, you can establish a robust plan tailored to your needs. With careful planning and communication, you can have peace of mind knowing that your affairs will be managed responsibly and according to your intentions, preserving your autonomy and well-being.

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