Has something happened to your attorney?

A lasting power of attorney (LPA) gives someone you trust the authority to make decisions on your behalf if you can’t. Most people set one up and then forget about it. But an LPA is only effective if the attorneys named in it can act when needed. If your chosen attorney can no longer act, then your LPA may need to be updated to remain valid.

When to review your LPA

Many people appoint their spouse or partner as their sole attorney and name adult children as replacements. It’s a sensible approach, until something changes. If your sole attorney dies or loses mental capacity, your LPA cannot simply “switch” to the next person automatically. The Office of the Public Guardian (OPG) must be told, and the registered document has to be returned so the OPG can formally mark the change. Without this update, your replacement attorneys cannot act. In practice, this can delay decisions about your finances or care at a time when speed matters most.

Why it’s worth checking now

Life changes. People move, relationships shift, and health can decline. If you’ve not looked at your LPA in years, it’s worth taking a few minutes to check that the people you’ve appointed are still willing and able to act for you. An up-to-date LPA ensures continuity. It’s not about paperwork; it’s about making sure someone you trust can step in without delay.

Keeping your LPA live

• Check regularly: Review your LPA every few years or after any major life event.
• Keep contact details current: Make sure the OPG and your solicitor can reach your attorney.
• Tell your replacements: They need to know they’re named and what to do if called upon.

When to get advice

If you’re unsure whether your LPA still covers you properly, or your circumstances have changed, speak to us before there’s a problem. At Leigh Duncan, we help clients keep their LPAs accurate and active so their affairs can always be managed with confidence.