When we talk about planning for the future, most people think of making a Will. But what happens if you’re alive, yet unable to make important decisions for yourself?

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. It’s an essential document, but when not done properly, it can cause more problems than it solves.

For those serving in the Armed Forces, having an LPA is especially important. Injuries, sudden illness, or operational commitments abroad, can leave a soldier temporarily or permanently unable to make decisions or manage their affairs. If you or a loved one serves in the military, making an LPA should be a standard part of personal admin, just like making a Will.

As private client solicitors, we’ve supported families through countless situations involving LPAs. Unfortunately, we also see the consequences when things go wrong. Here are some of the most common mistakes we encounter, and how you can avoid them.

Appointing the wrong attorney

Choosing an attorney is about more than family ties. We often see clients name their eldest child “to keep things fair”, only to find that person lives abroad, lacks the time, or isn’t confident managing finances.

Our advice: Choose someone who is responsible, trustworthy, and available. You can also appoint more than one attorney, or name a replacement, to cover all bases, and we strongly advise that you do.

Not registering the LPA

An LPA cannot be used until it has been registered with the Office of the Public Guardian and registration can take several weeks. Families can be caught out when a loved one becomes unwell, only to find their LPA isn’t yet valid as it is not registered.

Our advice: Register your LPA as soon as it’s completed, not when it’s needed. You don’t have to use it as soon as it’s registered, but it’s ready if you need to.

DIY disasters

It’s tempting to fill in forms yourself, but small mistakes can invalidate the entire document. We’ve encountered LPAs rejected due to incorrect signing, out-of-order execution, or inappropriate witnesses.

Our advice: Professional guidance ensures your LPA is valid, properly executed, and legally sound.

Overlooking the health & welfare LPA

There are two types of LPA:

• Property & Financial Affairs, and

• Health & Welfare.

Many people set up the first and forget the second, yet the Health & Welfare LPA covers crucial decisions, including medical treatment, care arrangements, and end-of-life wishes.

Our advice: Consider both LPAs to make sure you are fully protected.

Planning ahead with confidence

A well-prepared LPA provides peace of mind, not just for you, but for your loved ones too. If you would like to discuss creating or reviewing a Lasting Power of Attorney, our experienced Private Client team is here to help.

To speak with a member of the team, or to book an appointment, please get in touch.