Supporting a parent to make an LPA is an important step in planning ahead, helping ensure their wishes are respected if they are unable to make decisions in the future.
As parents get older, many families begin to think about practical ways to support them. While these conversations can feel difficult, putting the right legal arrangements in place early can provide reassurance for everyone involved.
A Lasting Power of Attorney (LPA) is one of the most effective ways to do this – but it’s important to understand how it works and what’s involved.
What is an LPA?
An LPA is a legal document that allows someone (known as the “donor”) to appoint one or more trusted people (known as “attorneys”) to make decisions on their behalf if they lose the ability to do so.
There are two types of LPA:
- Property and Financial Affairs LPA – covering matters such as managing bank accounts, paying bills or selling property
- Health and Welfare LPA – covering decisions about care, medical treatment and daily wellbeing
Your parent or parents can choose to put one or both in place, depending on their needs. Both LPAs together will offer the most protection and peace of mind.
An LPA is one part of a wider picture of planning ahead. If your parent hasn’t yet made a will, it’s often sensible to consider the two together – our guide on why writing your first will should be top of your list explains why getting these legal affairs in order matters.
Why Making an LPA Early Matters
One of the most important things to understand is that an LPA must be made while your parent still has mental capacity.
If capacity is lost before an LPA is in place, families cannot simply step in and make decisions. Instead, they may need to apply to the Court of Protection – a process that can be time-consuming, more expensive and less flexible.
Planning ahead avoids this uncertainty and ensures your parent’s wishes are clearly recorded.
Starting the Conversation With Your Parent
Raising the topic of making an LPA for a parent can feel sensitive.
It may help to:
- Choose a calm, relaxed time to talk
- Focus on reassurance and planning ahead
- Emphasise that it is about protecting their wishes
- Involve them fully in decision-making
It’s important that the decision is led by your parent. They must understand what they are agreeing to and make the choice themselves.
Choosing the Right Attorney
Selecting an attorney is a key part of the process.
Your parent should choose someone they trust to act in their best interests. This might be:
- An adult child (yourself and/or siblings)
- A close relative
- A trusted friend
- More than one person acting together
They can also decide how attorneys should act – for example, jointly or independently. This decision should be made carefully, as attorneys will have significant responsibility.
What Responsibilities Does an Attorney Have?
An attorney must always act in the donor’s best interests.
This includes:
- Making decisions in line with the donor’s wishes
- Managing finances responsibly
- Keeping records of decisions
- Avoiding conflicts of interest
There are legal safeguards in place, but trust and communication remain central.
The Process of Making an LPA
Making an LPA involves several steps:
- Seeking legal guidance
- Completing the relevant forms
- Having the document signed and witnessed
- Including a “certificate provider” who confirms your parent understands the arrangement
- Registering the LPA with the Office of the Public Guardian
An LPA cannot be used until it has been registered, which can take between 8 to 10 weeks.
It’s also worth thinking about the full range of assets an attorney may need to manage. In today’s world, that increasingly includes online accounts and digital possessions – our article on protecting your digital assets as part of modern estate planning looks at why these are easy to overlook.
Common Concerns About Making an LPA for a Parent
Families often have concerns about control or misuse.
It’s important to know:
- Your parent remains in control while they have capacity
- The Property and Financial Affairs LPA can be used once registered while the donor still has capacity, if the donor allows it
- The Health and Welfare LPA can only be used when the donor lacks capacity to make that decision
- Attorneys are legally required to act properly
- Safeguards exist to protect against misuse
Understanding these points can help make the process feel more manageable.
Supporting Your Parent With Confidence
Making an LPA for a parent is not about taking control – it is about supporting them and respecting their wishes for the future. It helps ensure that, if their health or mental capacity declines, there is a clear legal framework in place for trusted individuals to assist without unnecessary delay.
Handled sensitively, it can provide clarity, reduce stress and ensure that decisions are made by the people they trust most.
If you are considering supporting a parent to make an LPA, our team can guide both yourself and your parent through the process, ensure everything is completed correctly and help you approach the conversation with confidence.
Find out more about our Lasting Powers of Attorney service and contact our team today.
FAQs
Can I make an LPA on behalf of my parent?
No. Your parent must make the LPA themselves while they have mental capacity.
How long does it take to register an LPA?
Registration typically takes between 8 to 10 weeks, so it’s important to plan ahead.
Can more than one person act as an attorney?
Yes. Your parent can appoint multiple attorneys and decide how they should act.
What happens if there is no LPA in place?
You may need to apply to the Court of Protection to make decisions, which can be more complex and time-consuming.
