Creating a Lasting Power of Attorney is simple enough, but choosing your Attorneys is a different matter. Although it is very common for families to assume that children should be the automatic choice, they are often not the ideal people. 

An Attorney is given the authority to make a decision about somebodies financial and personal affairs. This means they have access to bank accounts, the ability to sell your home and also decide on treatment and daily routine if you were unable to make that decision yourself. 

Some things an Attorney can make decisions on are:

• Buying and selling your property
• Accessing bank accounts
• Making or managing investments
• Paying Bills 
• Daily spending 
• Consenting to or refusing treatment
• Day to day routine
• Diet
• Living arrangements

As LPAs were created under the Mental Capacity Act 2005, there are strict rules around thier uses and very few people understand these. Yes, you can make an LPA yourself but you should never do so without fully understanding what that means. 

Although the only rules around choosing your Attorneys are they “must be over 18 years of age and not bankrupt” there are many guidelines. 

Chapter 7 of the MCA 2005 explains Lasting Powers of Attorney, the rights and responsibilities of all involved and the way of selecting the correct Attorneys. 

Attorneys do not have to be relatives but must have the skills and ability to act. This means assessing your own affairs first and being certain that the chosen Attorneys do posses the skills or knowledge required to make decisions on those particular aspects. 

There is no point naming a person, simply because you or they think they should be appointed if they have no clue how to fulfill a particular roll. You can also appoint different Attorneys for different aspects. For example, one person to make decisions of financial affairs and another for healthcare. 

If you have any doubts before creating your LPA then do your research or get professional legal advice. Your life might quite literally depend on it.