Despite its importance, there are common myths about Lasting Power of Attorney (LPA), which can lead to confusion and mistrust. In this article, we’ll address the top 10 common myths of an LPA and explain the truth behind them. Understanding the facts can help you make informed decisions. It also ensures your wishes are respected if you ever need an attorney to act on your behalf.
1: “If I make an LPA, I lose control of my decisions immediately.”
One of the biggest fears people have is that by creating an LPA, they give away control over their affairs right away. This is not true.
When you make an LPA, you appoint one or more people (called attorneys) to act for you. You can choose that this is only if and when you lose mental capacity. You can also choose to allow them to act earlier. Until then, you remain fully in control of your decisions and can continue to manage your financial affairs as you always have.
The LPA is essentially a safety net, not a takeover. It comes into effect only when necessary, providing peace of mind without surrendering power prematurely.
2: “Anyone I choose as my attorney can do whatever they want with my money and property.”
Many worry that appointing an attorney means handing over unchecked power. While attorneys do gain significant authority, they are legally bound to act in your best interests. They must follow strict rules.
Attorneys must manage your affairs responsibly, keep detailed records, and avoid conflicts of interest. If they misuse your money or property, there are legal consequences. This can include being investigated by the Office of the Public Guardian (OPG) and potential court action.
You can also place conditions or restrictions on what your attorney can do within the LPA document. This provides additional control over their actions.
3: “An LPA is only needed if you have no family or friends to help.”
This common myth can discourage people from setting up an LPA when they actually need one. Regardless of your support network, an LPA is valuable because it formally authorises trusted individuals to make decisions on your behalf.
Even if you have close family or friends, without an LPA, no one can legally act for you. If they do they will have to apply to be a deputy. This is a lengthy and often expensive court process in the Court of Protection. Having an LPA avoids this delay and expense.
4: “Once the LPA is registered, the attorneys can start making decisions straight away.”
People often confuse the registration of an LPA with the ability to act. It is true that an LPA must be registered with the Office of the Public Guardian before it can be used. However, attorneys can only act when certain conditions are met.
For a property and financial affairs LPA, the attorneys can act either when the donor has lost capacity or if the donor has given them permission to act before losing capacity.
For a health and welfare LPA, attorneys can only act when the donor lacks the capacity to make those specific decisions.
The donor can still set out in the LPA document whether attorneys must wait until they lose capacity or can act sooner.
5: “An LPA can be used to force someone into a care home against their will.”
Many worry that an attorney could misuse their power to make unwanted decisions about where the donor lives. However, attorneys under a health and welfare LPA can only make decisions in the donor’s best interests. The attorney must respect their past and present wishes and feelings as far as possible.
If the donor has mental capacity, they cannot be forced into a care home by an attorney. The attorney’s power to make decisions about residence only applies when the donor lacks capacity. Even then, those decisions must be reasonable and in line with professional advice.
6: “Only elderly or seriously ill people need an LPA.”
While it’s true that many people set up LPAs as they get older or when diagnosed with an illness, the ability to lose capacity can happen to anyone at any age. Loss of capacity can come through accidents, sudden illness, or conditions like strokes or brain injuries.
Making an LPA is a precaution that everyone over the age of 18 should consider, regardless of current health. Planning ahead means your wishes are clear and legally enforceable no matter what happens in the future.
7: “Making an LPA is complicated and expensive.”
There is a common belief that setting up an LPA requires expensive lawyers and is difficult to complete. While legal advice can be helpful in complex situations, it is not mandatory.
The government provides clear guidance and forms that individuals can complete themselves. This can be done either by paper application or online through the official government website. The cost to register an LPA is currently £82 per document, which many consider reasonable given the protection it offers.
8: “If I make an LPA, my attorneys will have access to all my bank accounts immediately.”
An LPA does not grant automatic access to your bank accounts the moment it is registered. Banks often require proof of registration and may have their own procedures before allowing attorneys to operate accounts.
Furthermore, the attorney’s authority is limited to what is specified in the LPA. They can only manage accounts and financial affairs when the donor has lost capacity or has explicitly permitted them to act.
9: “I don’t need to tell anyone about my LPA.”
Some believe that making an LPA is a private matter and does not need to be shared. In reality, it is highly advisable to inform family, friends, and relevant professionals (such as doctors or financial advisers) about the LPA.
This reduces confusion later and helps ensure that attorneys can act promptly when needed. It also allows open discussion about your wishes, reducing the risk of disputes.
10: “An LPA lasts forever without any need for review.”
While an LPA remains legally valid until the donor dies or revokes it, circumstances change. It is wise to review your LPA regularly to ensure that your chosen attorneys are still the right people for the role. Also that the powers granted still meet your needs.
If necessary, you can cancel or replace an LPA, but only while you have mental capacity.
Final Thoughts
Lasting Power of Attorney is a vital legal arrangement that gives peace of mind by planning for the future. Unfortunately, common myths of an LPA and misconceptions can prevent people from taking advantage of its protections.
Understanding the facts about how LPAs work, when attorneys can act, and what safeguards exist can empower you to make informed decisions. Whether you are considering setting up an LPA for yourself or acting as an attorney for someone else, dispelling these myths is an important step in protecting everyone’s rights and interests.
If you are unsure about any aspect of Lasting Power of Attorney, it is always a good idea to seek advice from a qualified professional. You can also consult official resources from the Office of the Public Guardian and government websites.
