25 February 2026

How to avoid problems with Lasting Powers of Attorney

By Yasmin Knock, Solicitor, Hayes + Storr.

Lasting Powers of Attorney (“LPAs”) are legal documents appointing one or more people (“attorneys”) to help manage your affairs.

There are two types of LPA: one covering financial decisions and the other health and welfare decisions. A Health Decisions LPA allows your attorneys to make decisions regarding daily routines, medical care, where you live, or whether life-sustaining treatment should continue.

Once registered with the Office of the Public Guardian (“OPG”), Financial LPAs can be used while you have mental capacity (with your consent), and after capacity is lost. In contrast, Health Decisions LPAs can only be used if you lose mental capacity.

LPAs offer benefits including control, flexibility, financial security and peace of mind. The Mental Capacity Act 2005 contains safeguards to help prevent abuse. Because attorneys are given substantial authority, it is vital to appoint individuals you trust completely.

What are an attorney’s duties?

Acting in your best interests

Attorneys must always act in your best interests and make decisions reflecting your values, beliefs and preferences. They should follow any instructions you have given them.

Assessing your mental capacity

Attorneys must allow you to make your own decisions whenever you are able to do so. Mental capacity can fluctuate. A medical professional may be asked to assess your capacity.

Duty of skill and care

Attorneys are required to perform their role with a reasonable level of care and skill and should seek professional advice when appropriate.

Conflicts of interest

Attorneys must not use their position to benefit themselves or others at your expense. They are generally not permitted to take fees, aside from reasonable expenses. If a conflict arises – for example, an attorney has a financial interest in a care provider – they must disclose this and seek professional advice.

Accessing your personal information

Attorneys can access necessary personal information, such as medical or financial details, to make decisions they are legally authorised to take and to act in your best interests.

Record-keeping

Attorneys must keep your finances and property separate from their own and maintain clear records of decisions made. Supporting documents such as receipts and statements should be retained, as the Office of Public Guardian may request them.

How can you safeguard against abuse?

Further measures you can put in place to minimise the risk of LPA abuse include:

• Clearly specify within your LPA what your attorneys can and cannot do
• Appoint more than one attorney
• Use a professional certificate provider to confirm your understanding and capacity to make the LPA
• Use an experienced solicitor to draft and register your LPAs to ensure appropriate safeguards are included

For further information, please contact Yasmin Knock in the Private Client Department team on 01328 863231 or email Yasmin.knock@hayes-storr.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.