Don’t Let Your LPAs Gather Dust

17 June, 2025 4 minutes reading time

Why Regular Reviews are Crucial

You’ve made a responsible decision. You’ve planned for the future by creating a Lasting Power of Attorney (LPA) – or perhaps an Enduring Power of Attorney (EPA) if it was set up before October 2007. These vital legal documents allow you to appoint trusted individuals (your Attorneys) to make decisions on your behalf should you ever lose the mental capacity to do so. Importantly, this applies to both a Property and Financial Affairs LPA/EPA and a Health and Welfare LPA.

But once they’re signed and registered, is that the end of it? Not quite. Just like a Will, LPAs aren’t something you set aside and forget. Regular reviews are essential to ensure they remain effective, truly reflect your wishes, and provide the best possible protection.

Why is an LPA Review So Important?

Several key factors can impact the ongoing suitability of your LPA(s):

Legal Landscape

The law isn’t static. Over time, legal guidance and best practices surrounding LPAs have evolved. A review ensures your document(s) align with current requirements and provide the best possible protection.

Personal Circumstances

Life happens. Your financial circumstances may change, you may acquire new assets, or your relationships with family and friends may alter. What was appropriate when you created your LPAs may no longer be the case. For example, you might have different preferences regarding how your property and financial affairs are managed, or who should make decisions about your health and welfare.

Changes Affecting Your Attorneys

The individuals you selected as your Attorneys are central to your LPA. It is essential to consider their circumstances as well:

• Do your chosen Attorneys still have the mental capacity to make important decisions on your behalf?
• Are they still willing and able to take on the responsibility?
• Has your relationship with them changed in a way that might make them less suitable?
• Sadly, an Attorney may pass away. If your LPA doesn’t account for this, it could lead to complications.
• If an Attorney moves abroad, it might become impractical for them to act effectively.

Trust & Relationship Changes

Relationships can, unfortunately, break down. If your trust in an Attorney has diminished, it’s vital to address this to protect your interests.

Maintaining Flexibility and Adaptability

Your LPA must be sufficiently robust to handle unforeseen circumstances. A review enables you to ensure it remains flexible and adaptable to various situations that may arise.

Protection from Fraud

While LPAs are intended to protect you, reviewing them ensures they remain as secure as possible and reduces potential vulnerabilities to fraud, particularly if an Attorney’s circumstances have changed.

Protection for Your Loved Ones

An outdated or ineffective LPA can cause considerable stress and tough decisions for your family if they must step in without clear guidance. Regular reviews help to ease this process.

Peace of Mind

Ultimately, ensuring your LPA is current, legally valid, and accurately reflects your true wishes offers invaluable peace of mind for you and your family. 

What Happens During an LPA Review?

A review does not necessarily entail drafting completely new documents. It presents an opportunity to:

1. Confirm that your selected Attorneys remain the most suitable individuals.
2. Ensure that your instructions and preferences remain relevant for both your Property and Financial Affairs and your Health and Welfare.
3. Ensure the LPA(s) remain both legally sound and effective.
4. Discuss any changes in your personal or financial circumstances that could affect their operation.
5. Consider any new wishes you might have concerning your future care or financial management.

Our Advice

Think of your LPAs as living documents. Your Lasting Power of Attorney(s) are powerful instruments. They safeguard you and your future. By taking the time to review them periodically, you ensure they continue to fulfil their intended purpose, providing peace of mind for both you and your loved ones.

If you have existing LPA(s) or an EPA and would like to discuss their suitability, or if you are considering establishing one, please do not hesitate to contact our specialist team. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations