Top 10 Mistakes People Make with a Lasting Power of Attorney

1. Waiting too long to create an LPA

An LPA can only be created while the donor has mental capacity. If capacity is lost, family members may need to apply to the Court of Protection.

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2. Choosing unsuitable Attorneys

Attorneys should be trustworthy, responsible and capable of making financial or welfare decisions.

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3. Not appointing replacement Attorneys

If the original Attorney cannot act, the LPA may fail without replacements.

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4. Giving Attorneys no guidance

Attorneys may face complex decisions about finances, property and care. Guidance can help them act confidently.

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5. Ignoring digital assets

Such as online banking, cryptocurrency, email accounts and social media.

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6. Making instructions too restrictive

Which can make the LPA difficult to use in practice.

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7. Failing to register the LPA early

Registration can take several weeks, so delaying may cause problems when it is urgently needed.

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8. Not preparing certified copies

Banks and other institutions often require certified copies before recognising an Attorney’s authority.

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9. Attorneys not understanding their legal duties

Including acting in the donor’s best interests and keeping proper records.

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10. Treating LPAs as simple forms

Rather than important legal documents that require careful planning.