Worried about making a Lasting Power of Attorney?

Last verified: September 2026 (England and Wales) 

“Will I lose control?” “How do I choose between my children?” “What if I ask too much of them?” These are understandable questions when you are thinking about a Lasting Power of Attorney (LPA). 

An LPA gives you the opportunity to choose who can help you, explain what matters to you and make arrangements before help is needed. You continue making decisions you have the mental capacity to make. With the right people and a practical arrangement, an LPA can bring reassurance to you and your family. 

You do not have to work out all the details yourself. Fern Wills & LPAs can help you talk through your concerns, understand your choices and prepare documents that suit your circumstances. 

What should reassure you?

• You choose your attorneys. You can consider who you trust, what they are comfortable doing and how they will work together.
• You keep your say. Making an LPA does not take away your right to make decisions you can make yourself.
• You can plan the practical details. Clear appointments, personal guidance and replacement attorneys can help your family understand what to do.

“I do not want to lose control”

 Making or registering an LPA does not mean handing over your life. Your attorneys should help you remain involved and support you to make your own decisions wherever possible. 

There are two types of LPA. A Property & Financial Affairs LPA covers matters such as bills, bank accounts and property. Once registered, it can let your attorneys help while you have capacity, if its terms allow this and you give permission. That could mean practical help with bills while you recover from an operation. If you cannot make a particular financial decision, they can act within the LPA and must act in your best interests. 

A Health & Welfare LPA covers care and medical decisions. Your attorneys can decide under it only when you lack capacity for the particular decision. You also choose whether to give them authority over life-sustaining treatment. 

Capacity is about the particular decision at the time it is needed. Age, a diagnosis or a choice others disagree with does not by itself mean you cannot decide. We can explain how the two LPAs work so you can choose with confidence. Our financial LPA guide and health and welfare LPA guide cover the details. 

“What if someone misuses the power?”

 An attorney has legal responsibilities. The role does not give them ownership of your money or permission to use it as their own. They must follow the LPA’s valid instructions and act in your best interests when making decisions for you.

Choosing someone trustworthy, capable and willing is the most useful place to start. Fern can help you think through those choices, how your attorneys should act and what practical safeguards would suit you. Financial attorneys should keep clear records and accounts, keep your money separate from theirs and stay within the limits on gifts. 

There are checks when an LPA is made, including an independent certificate provider who checks understanding and that you are not being pressured. It must be registered with the Office of the Public Guardian (OPG) before use. The OPG can investigate concerns, and the Court of Protection can remove an attorney. 

Those safeguards matter, although the OPG does not monitor every transaction. If you have a concern about someone you are considering, discuss it before appointing them. You are free to choose someone else. Suspected misuse should be reported promptly to the OPG; contact the police where a crime is suspected or someone is in immediate danger. 

“I do not want to upset my family or burden them”

 You can explain that you are choosing people for a particular job. One child may be comfortable with finances, while another understands your care preferences especially well. You do not have to appoint every family member, and the two LPAs do not have to name the same people. 

A conversation before the appointment helps everyone understand what is involved. Think about time, organisation and willingness as well as trust. A relative living abroad can be considered, but it is worth discussing how they would manage the practical work. 

If you appoint more than one attorney, we can explain the options. Joint attorneys make the relevant decisions together. Attorneys appointed jointly and severally can act together or individually. The right arrangement depends on your family and the decisions they may need to make. 

Replacement attorneys can provide continuity if an original attorney can no longer act, according to the LPA’s terms. We can help you consider this from the outset. Read more about choosing and appointing attorneys.

“How will they know what I would want?”

 This is one of the benefits of planning while you can explain your wishes. Talk about the things that matter to you: staying in touch with friends, familiar routines, your home, beliefs and preferences about care. Your attorneys should take your wishes, feelings, beliefs and values into account when making a best-interests decision. 

Your LPA can include preferences and instructions. Preferences provide guidance; valid instructions are binding. Fern can help you express the intended outcome clearly and consider whether any proposed restriction would get in the way of useful help. 

Where more personal guidance would be useful, a Letter of Wishes can support your LPA. It can explain your priorities and who you would like consulted. It does not replace the LPA or give other people decision-making authority. 

How planning can address everyday worries

 These illustrative examples show how the conversation can lead to a practical way forward. 

Keeping sight of the finances

 Mr J trusts his daughter but worries about losing track of his money. They can discuss when he would welcome help and how she would keep records. While he has capacity, help under a registered financial LPA requires his permission and terms that allow it. 

Making arrangements before they are needed

 Mrs C wants her family to be able to help if she has a stroke or another serious illness. Preparing and registering her LPAs while she has capacity lets her choose her attorneys in advance, rather than leaving the family to establish authority during a crisis. 

Getting help after an operation

 Ms T wants help with bills while recovering, without giving up control. A registered financial LPA that permits use with her permission can allow this while she has capacity. Discussing that need beforehand helps her avoid wording that would prevent the help she wants. 

Recognising different family strengths

 Mr H has three children, but one dislikes paperwork. He can appoint those who are willing and suited to the work, while expressing a wish for other family members to be consulted where appropriate. 

Planning for a blended family

 Mrs L has children and stepchildren. A discussion about appointments, communication and replacement attorneys can help her choose an arrangement that respects her relationships and remains practical to use. 

Looking beyond the obvious choice

 Mrs P has a dementia diagnosis, an older partner and relatives far away. The diagnosis alone does not establish whether she can make an LPA. If she can, she can explore suitable family or professional appointments, with any professional fees and charging authority properly agreed.

“I am well at the moment. Can it wait?”

 Being well gives you time to choose carefully, talk to your proposed attorneys and explain your wishes. An LPA can be prepared and registered now, ready for use when its terms and the circumstances allow. Registration does not require you to start accepting financial help. 

You must have capacity to make the LPA, and registration takes time. Without suitable financial authority, loss of capacity may mean someone needs to apply to the Court of Protection, with associated delay and costs. For health and care, relevant professionals can make best-interests decisions and consult family where appropriate, but “next of kin” does not automatically have authority to consent for you. An LPA lets you choose who will have that role within its scope.

Can I change my mind?

 Yes. While you have the required mental capacity, you can revoke an LPA. Changing attorneys or the arrangement may require a new document or other formal steps. Ask for advice so your arrangements remain clear and up to date. 

Do I have to know all the answers before contacting Fern?

 No. You can start with the concern you want to resolve. We can explain the choices and help you consider who to appoint and how the documents should work. 

Does my Will already cover this?

 No. Your Will deals with your estate after death. An LPA operates during your lifetime and ends when you die. They serve different purposes and are worth considering together. 

What if I do not have a suitable relative?

 You can consider a trusted friend or a suitable professional. A professional appointment involves fees, so the scope and charging provisions should be discussed and agreed before you proceed. 

How much will it cost?

 Fern’s current prices are published on Services & Fees. We can explain what the LPA preparation service includes, registration costs and any optional additional support, so you know what you are choosing. 

Make a plan you feel comfortable with

 An LPA gives you a say in who helps you and how they should approach the role. Concerns about control, family relationships or practical responsibilities are good reasons to have a conversation and get the arrangements right. 

Fern Wills & LPAs can help you understand both types of LPA, consider suitable attorneys and prepare your agreed documents. If involving your proposed attorneys or family would help, ask about including that support within the agreed service. 

Contact Fern Wills & LPAs and tell us what you are unsure about. We can help you take the next step with a clearer understanding of your choices. 

This article provides general information for England and Wales. Individual circumstances and the terms of an existing LPA may require specific advice.