What Are the Legal Considerations for Future Care, Including Lasting Power of Attorney?

Planning for the future isn’t easy, especially when it comes to legal decisions about care. It’s something many of us put off, often until it’s too late. But putting the right documents in place now, like a Lasting Power of Attorney, can give you peace of mind that your wishes will be respected and your loved ones protected. In this blog, we’ll walk you through what a Lasting Power of Attorney means, how to appoint one, and how it fits into broader legal planning for elder care.

What is a Lasting Power of Attorney (LPA) and why it matters for care

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions for you if you're no longer able to. This person is called your "attorney," and you’re known as the "donor."

There are two types of LPA:

• Health and Welfare LPA – This covers things like where you live, the care you receive, and medical treatment. It can only be used if you’re unable to make these decisions yourself.
• Property and Financial Affairs LPA – This allows your attorney to manage your money, pay bills, and deal with your home. It can be used with your permission while you still have capacity, or after you lose it.

LPAs matter because life can be unpredictable. As we grow older, especially if we’re living with dementia or other health conditions, there may come a time when we need someone to step in. Without an LPA, families often face delays and stress, having to go through the courts to get the authority to help.

“Capacity” simply means being able to understand, decide, and communicate about something important. According to the Mental Capacity Act 2005, everyone should be assumed to have capacity unless it's clearly shown they don’t. That’s why it’s so important to set up an LPA while you still feel well, clear-headed, and in control, so that you, not a court, choose who will speak for you if the time ever comes.

Appointing a Power of Attorney: Who, When, and How

Choosing who will act as your attorney is one of the most personal and important steps in planning for future care. You can choose anyone over 18, but it should be someone you know well, trust completely, and who understands your values. This might be a partner, a close friend, a family member, or even a professional like a solicitor.

You can:

• Appoint one attorney to make decisions on your behalf
• Appoint joint attorneys, who make decisions together
• Appoint attorneys jointly and severally, so they can act either together or on their own
• Name a replacement attorney in case your original choice can’t act later on

It’s best to set up an LPA while you’re still well and able to make decisions. You’ll need to fill in the correct forms, sign them with a witness, and send them off to the Office of the Public Guardian (OPG) for registration. As of 2025, it costs £92 to register each type of LPA in England and Wales, but some people on low incomes may qualify for a discount or exemption.

Some common issues include delays if the person's ability to make decisions is starting to vary or decline, family tensions over who should be in charge, or worries about undue influence. The best way to avoid problems is to talk things through openly, write down your wishes clearly, and make sure everything is witnessed properly.

Legal Duties & Responsibilities of Attorneys

Being chosen as an attorney is a big responsibility. If you’re acting as someone’s attorney, your role is to support their wellbeing and help them make decisions, or make decisions for them if they can’t do so themselves.

Your legal duty is to act in their best interests — and wherever possible, in line with their wishes. This means thinking carefully, consulting others involved in their care, and always putting their needs first.

There are also important limits to what you can and cannot do:

• You must follow the Mental Capacity Act 2005, including these key principles:
  • Assume the person has capacity unless it's shown otherwise
  • Help them make decisions for as long as possible
  • Choose the least restrictive option when acting on their behalf
• Health and Welfare attorneys can only act once the person has lost capacity — and only if the LPA allows. You might be asked to decide on care, daily routine, or medical treatment. But you can’t make decisions about life-sustaining treatment unless the donor specifically gave you that power.
• Property and Financial Affairs attorneys can act with the person's permission while they still have capacity, or take over fully if they lose it. You must keep finances separate, keep records, and never use money for yourself.
• You cannot go beyond the powers granted in the LPA — for example, making decisions about wills or large gifts without permission from the Court of Protection.

If there's concern about how an attorney is acting, the Office of the Public Guardian (OPG) can investigate. In serious cases, the Court of Protection can step in to remove or replace an attorney.

If there is no LPA: Deputyship, Court of Protection & Other Fallbacks

If someone loses the ability to make decisions and there’s no Lasting Power of Attorney in place, it can create a lot of stress and uncertainty for their loved ones. In this case, families may need to apply to the Court of Protection to appoint a deputy — a person authorised to make decisions on behalf of the individual.

Unlike an LPA, where the person chooses their attorney in advance, a deputy is chosen by the court. This often takes time, involves more paperwork, and comes with extra costs. As of 2024, applying to become a deputy can cost over £400 in court fees, plus ongoing supervision charges and annual reporting requirements (source: GOV.UK).

It can also be emotionally difficult. Decisions may be delayed, and the person may not get the care or support they would have wanted. For families, it can feel like they’re stuck in limbo, trying to do their best but needing legal permission to act.

That’s why putting an LPA in place early is so important. It’s quicker, often significantly cheaper — costing £82 to register each type of LPA compared to hundreds in court and ongoing deputyship fees — and gives you more control over who acts for you and how. It’s a way of protecting yourself and easing the burden on the people you care about most.

Integrating LPA into Broader Future Care Legal Planning

Planning ahead legally is about more than just setting up an LPA. It often works best as part of a wider plan that includes other documents and decisions:

• Will – A will is a legal document that says what should happen to your money, property, and belongings when you die. It lets you choose who inherits what and can also be used to name guardians for any dependants.
• Advance Decisions (also known as ADRTs) – These are legally binding instructions that let you say no to certain medical treatments in future — for example, if you’re seriously ill and can’t speak for yourself. You can say exactly which treatments you don’t want, and under what circumstances. They work alongside a Health and Welfare LPA.
• Advance Statements – This is your chance to tell people how you’d like to be cared for. It’s not legally binding, but it gives useful guidance to your doctors, carers and family. You can include your thoughts on things like food preferences, daily routine, religious beliefs, or the type of environment you’d feel comfortable in.
• DNAR (Do Not Attempt Resuscitation) orders – This is a medical instruction that tells health professionals not to attempt CPR if your heart stops. It’s usually discussed with a doctor and agreed together. It can be added to your health records and kept with your other care planning documents.

All these elements work together to give a full picture of your wishes and help ensure they’re respected. It’s a good idea to review everything regularly, especially after a major life event such as a diagnosis, move, or relationship change.

Financial planning is also a key part of future care. This includes understanding what care might cost, what funding might be available, and how to plan accordingly. Getting the right advice early can make a big difference.

If you don’t have close family, you might want to appoint a professional attorney, like a solicitor, or a trusted friend. If that’s not possible, the Court of Protection may step in to appoint someone on your behalf.

You can get advice and support from:

• Legal professionals (especially those experienced in elder law)
• Charities like Age UK or Alzheimer’s Society
• Local adult social care teams
• NHS professionals such as GPs or specialist nurses

Common Challenges, Risks & How to Avoid Them

Setting up a Lasting Power of Attorney can be one of the most caring things you do for yourself and your family. But like anything involving legal paperwork, there are a few bumps that can catch people out. Here's what to watch for — and how to steer clear of problems:

• Family disagreements – Sometimes loved ones don’t see eye to eye. One person might think they should be the attorney, while another disagrees. These tensions can be avoided by having honest conversations early on, clearly recording your wishes, and choosing someone who is widely trusted. You can also name more than one attorney or consider a neutral professional if needed.
• Misuse of power – Sadly, not every attorney does the right thing. There have been cases where someone has misused an LPA, especially around money. That’s why choosing someone you trust is so important. The Office of the Public Guardian (OPG) can step in if there's concern about how someone is acting.
• Problems with organisations accepting your LPA – Even when you've done everything right, a bank or care provider might still raise questions. If the LPA hasn’t been registered properly or is missing pages, they might not honour it. That’s why it’s important to keep certified copies and check it’s fully in order.
• Paperwork mistakes – It’s easy to make small mistakes when filling in forms — like forgetting a signature or using the wrong dates. Unfortunately, these errors can cause major delays. Triple-check everything or get advice from a solicitor, adviser or legal charity.

To give yourself the best chance of things going smoothly:

• Sort your LPA out early, while you’re feeling well and clear-headed
• Be honest with your family about your choices and why
• Pick attorneys who will be dependable and fair
• Keep your documents safe and review them from time to time
• Don’t be afraid to ask for help — there’s plenty of support out there

Practical Steps You Can Take Now

It’s easy to feel overwhelmed by legal planning, but you don’t have to do everything at once. Here are some simple, practical steps to help you get started:

• Talk it through – Have open and honest conversations with the people you trust. Share your thoughts, hopes, and any concerns about the future.
• Choose your attorneys – Think carefully about who you want to act on your behalf. Make sure they understand what matters to you and are comfortable taking on the role.
• Fill in and register your LPA – Use the official GOV.UK forms or get help from a solicitor or advice charity if you’re unsure. Double-check everything before submitting.
• Make or review your will and other documents – Ensure your will is up to date. Think about whether you want to write an Advance Decision or Advance Statement.
• Keep your documents safe – Store certified copies in a safe but accessible place. Let your attorneys know where they are.
• Check in regularly – Review your decisions every few years or after a major change in your life.

If you need support, you can speak to:

• A solicitor (especially one specialising in elder law)
• The Office of the Public Guardian (OPG)
• Charities like Age UK or the Alzheimer’s Society
• Your local adult social care team

There’s no ‘perfect time’ to start this process — only a right time for you. Taking even one step now can make a real difference down the line.

Many reputable sources, including Age UK, Alzheimer’s Society and GOV.UK, recommend speaking with a solicitor or legal adviser — especially if your situation is complex or there’s any risk of family conflict. Professional guidance can help you avoid mistakes, save time, and feel confident that everything is in place and correctly understood.

Take Steps Now to Plan Ahead

Talking about the future isn’t always easy, especially when it means thinking about losing independence or needing help. But facing it now, with care and clarity, can make life much simpler and less stressful later on.

Putting a Lasting Power of Attorney in place means you stay in control, even if one day you can’t speak up for yourself. It’s one of the kindest, most practical steps you can take — not just for you, but for the people who love you.

Whether you’re planning ahead for your own care or helping someone else navigate these decisions, remember: you’re not alone. There are experienced professionals and trusted charities who can guide you every step of the way.

If you're starting to think care might be on the horizon, or just want to feel more prepared, give us a call and see how we can help.