Why some people worry about Power of Attorney.
Chris Watts, MSWW, CeMAP — Fern Wills & LPAs
Last verified: August 2025 (England & Wales)
Quick-read summary
It’s natural to feel uneasy about setting up a Power of Attorney. Many people ask: “Am I handing over too much power? Could someone take advantage?” The reality is very different. Most people appoint those they know and trust — usually close family — who genuinely want the best for them. On top of that, the law builds in strong safeguards: attorneys must act in your best interests, and abuse is both unlawful and a criminal offence. The real risk is not having a Power of Attorney at all. Without one, the Court of Protection decides who manages your affairs. That might be a loved one placed under heavy restrictions, or — in the worst case — a professional deputy who doesn’t know you personally.
Practical checklist: Common worries (and the reality)
- “My attorney might take over without asking me.”
Attorneys can only act when you give them permission, or if you lose capacity. They must consult you wherever possible. - “They could spend my money however they like.”
Attorneys have a legal duty to act in your best interests. Misuse is a criminal offence and is monitored by the Office of the Public Guardian. - “I don’t need one yet — I’m fit and well.”
Accidents and illness can happen suddenly. An LPA only works if made while you have capacity. Waiting too long can mean it’s too late. - “It’s too formal and restrictive.”
You decide who to appoint, what powers they have, and you can revoke it anytime while you have capacity.
What to consider
- Types of LPA
- Property & Financial Affairs: manage money, bills, property, pensions.
- Health & Welfare: make care and medical decisions if you can’t.
- Flexibility
LPAs can include instructions or preferences, so your wishes are followed. - Revocable
You can change or cancel your LPA anytime while you still have capacity. - Oversight
Attorneys must keep records and may be investigated by the Office of the Public Guardian if concerns arise. - How your attorneys can act
You decide whether your attorneys act:- Jointly (every decision made together).
- Jointly and severally (they can act together or separately).
- Or a mix, such as “jointly and severally for everyday matters, but jointly for property sales or any decision above a set figure, such as £5,000.”
How this works in real life
- Mr J’s concern — “My daughter might spend my money.”
Mr J worried that once appointed, his daughter could drain his savings. In practice, she had to keep detailed records, and all spending had to be in his best interests. Far from abusing the role, she made sure bills were paid and kept him fully informed. Mr J later admitted the LPA gave him peace of mind. - Mrs C’s delay — “I’m healthy, so I’ll sort it later.”
Mrs C postponed setting up an LPA. After a sudden stroke, her husband couldn’t access her bank accounts. It took months and court fees to appoint him as deputy. By contrast, when her sister set up an LPA in advance, her children stepped in the next day when she fell ill — avoiding stress and delay. - Ms T’s independence — “I don’t want to feel powerless.”
Ms T feared an LPA would mean losing her independence. She was reassured to learn her attorney could only step in if she couldn’t decide herself. Later, when recovering from an operation, she appreciated having her brother handle practicalities while she focused on getting better. - Mr H’s dilemma — “I want all three children as attorneys.”
Mr H initially wanted to appoint all three of his children as attorneys. On paper, it felt fair. But in the discussion, it became clear that one of his sons struggled with money management and paperwork. Including him risked stress for both father and son. Together, we found a respectful solution. The son wasn’t appointed as an attorney, but Mr H wrote a Letter of Wishes asking his other children to consult their brother on important decisions, and to make clear how much he loved and respected him. This avoided placing a heavy legal burden on someone unsuited to the role, while ensuring his voice was still heard in family decisions. - Mrs L’s blended family — “Four children, but is that too many attorneys?”
Mrs L had two biological children and two stepchildren. She wanted everyone included, but worried that appointing four attorneys might be unworkable. In our consultation, we suggested a balanced approach: appointing the eldest biological child and the eldest stepchild as attorneys, while naming the other two as replacements. This meant the core decisions rested with two trusted people, but if either couldn’t act in the future, the others could step in. It gave the family a clear structure, avoided potential conflict, and ensured everyone still had a recognised role. - Mrs P’s situation — “What if I don’t have the perfect choice of attorneys?”
Mrs P, in her early 80s, had just been diagnosed with the very early stages of dementia. She was still living independently, but wisely decided to plan ahead. Her long-term partner was also in his 80s, and her only sibling was the same age — not an ideal long-term option. She did have nephews and nieces overseas, but they were only in touch at birthdays and Christmas and had little knowledge of UK systems and legal processes. After talking through her options, Mrs P chose to appoint her partner as her first attorney, with her trusted adviser — an accountant — as her second. The accountant agreed to step in only when needed, on a fair hourly rate. To keep everything transparent, she used her record-keeping alongside the Attorney Expenditure Log — a simple template for tracking spending and hours worked. It wasn’t the “perfect” family arrangement, but it gave Mrs P the reassurance that there were practical, trustworthy people in place. Everyone deserves the protection of a Power of Attorney, even when the solution isn’t straightforward.
FAQs
Can I choose who manages my affairs?
Yes. You pick your attorney(s) and can and are recommended to choose more than one if you want checks and balances.
Can I change my mind?
Absolutely. As long as you have capacity, you can revoke or replace your LPA. (See our separate article covering this)
What if I don’t make an LPA?
The Court of Protection may appoint a deputy. Sometimes that’s a family member, but under strict oversight with extra costs. If no one suitable is available, a professional deputy is appointed — often a stranger with many cases to juggle.
Is misuse common?
No. The vast majority of attorneys act out of love and duty. Abuse is rare and, if it happens, is investigated by the OPG and can lead to prosecution.
Isn’t a will enough?
No. A will only takes effect after death. An LPA protects you while you’re alive, if you can’t make decisions yourself.
Optional Technical Notes (for those who want the detail…)
- Mental Capacity Act 2005 requires attorneys to act in the donor’s best interests, consider the donor’s past and present wishes, and involve them as much as possible. There is a page for every attorney to read and they sign to state it is understood.
- Office of the Public Guardian (OPG) investigates complaints.
- Court of Protection deputyship:
- Family deputies must file annual reports and pay fees.
- Professional deputies charge additional management fees.
- In both cases, the system is slower and more bureaucratic than using an LPA.
Next steps
The safest and most reassuring route is to choose people you trust while you still have capacity. The law protects you, and your loved ones can act quickly and smoothly if needed.
At Fern Wills & LPAs, we don’t just prepare the paperwork. We:
- Talk through each potential attorney with you — highlighting pros, cons, and balance — so you can decide with confidence.
- Offer to speak with your attorneys and other family members or concerned friends directly, explaining their duties in plain English. Each attorney receives a one-page summary (section 8) confirming they understand their role.
- Arrange family meetings if you’d like, so everyone can ask questions and clear up concerns before documents are finalised.
This supportive approach helps reduce anxiety, reassures families, and ensures your wishes are respected. If you’d like to talk through your options for a Lasting Power of Attorney, Fern Wills & LPAs can guide you step by step — with clarity, reassurance, and no jargon.
Attorney Expenditure Log
If you’d like to use the Attorney Expenditure Log mentioned in the examples above, you can download it here. It’s a simple, practical template for tracking spending by attorneys, helping to keep everything transparent.
