Who is in Control? The Truth About LPAs and Your Independence

4 May, 2026 4 minutes reading time

Many people feel hesitant about making Lasting Power of Attorneys (LPAs). They worry that by signing, they might be giving away control of their lives and losing their independence today.

If this sounds familiar, you’re not alone. But the truth about LPAs is quite different. They’re not about surrendering control now. Instead, they’re about making sure you stay in charge of how your life is managed in the future.

A Safety Switch, Not a Handover

It’s natural to assume that once an LPA is registered, your Attorneys can immediately step in and take over. However, the system is designed with built-in safeguards to ensure that is not the case.

For a Property and Financial Affairs LPA, you can choose to set it up so that your Attorneys only act if you lack the mental capacity to make decisions yourself. In the case of a Health and Welfare LPA, this is actually a legal requirement. This LPA only ‘wakes up’ if you’re unable to speak for yourself. Until then, you remain firmly in the driving seat.

The Strength in Numbers

When choosing your Attorneys, you don’t have to put all the responsibility on one person’s shoulders. In fact, appointing more than one person is advisable.

Many people choose a mix of Attorneys to balance the workload. You might appoint someone who knows you personally and understands your daily quirks, alongside a professional Attorney, such as a solicitor. A professional brings objectivity, expertise, and continuity. This is especially relevant if your personal Attorneys are of a similar age to you or have busy lives of their own. Having a team ensures that, if one person’s circumstances change, your protection remains seamless.

Layers of Accountability

The law is there to guide and protect you, not to take control away. Attorneys must follow strict rules under the Mental Capacity Act. They have a legal duty to:

• Act in your best interests and ensure your money is used for your benefit, not theirs.

• Support your independence by helping you make your own decisions for as long as possible.

• Keep your assets separate and never mix them with their own personal finances.

If anyone ever worries that an Attorney isn’t acting properly, the Office of the Public Guardian (OPG) has the power to investigate and step in to ensure you are protected.

Shaping the Rules with Precision

When you create an LPA, you can include preferences and instructions. Think of these as your way to set your own boundaries. You might specify that you want to remain at home for as long as possible, or that you prefer a particular type of medical care.

However, the wording of these sections is vital. The OPG can be very strict; even a small error or a confusingly worded instruction can result in the entire document being rejected. This is why many find that having a professional prepare their LPAs provides significant peace of mind. It ensures that your wishes are not only expressed but also legally robust and ready to be followed.

Review Your LPAs Regularly

An LPA is a living document. Just as your life changes, your legal protections should too. We always recommend reviewing your LPAs every few years. Life events such as a marriage, a divorce, or even your Attorneys moving abroad, can change how your documents work. Regular reviews ensure your plan stays as vibrant and relevant as you are.

Our Advice

The anxiety of losing control often comes from a fear of the unknown. But the real loss of control happens when you don’t have an LPA. If you fall ill without one, a court-appointed official who doesn’t know your story could end up making life-changing decisions for you.

Setting up an LPA while you are well is the best way to keep your life moving in the direction you choose. While the process is open to everyone, professional guidance can help you navigate the complexities and avoid common mistakes that lead to rejected applications.

If you need further information, advice or an instant quotation, please get in touch with us. 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.

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