It’s the United Nations International Day of Older Persons at the beginning of October, when people around the world come together to raise awareness of issues faced by ageing populations.
The number of people aged 60 or over has more than doubled over the past decade, from around 541 million in 1995 to 1.2 billion in 2025, and is projected to reach 2.1 billion by 2050, according to the UN.
Elderly Client Solicitors Near Me
One of the most significant health issues elderly people faces is dementia.
Research shows there are currently around 982,000 people living with dementia in the UK, with this number set to rise to nearly 2 million by 2050.
Every adult should make a Lasting Power of Attorney (LPA) to protect themselves and their loved ones, should they be affected by dementia or another accident or illness which results in them losing capacity.
AN LPA enables an individual to appoint one or more people (known as ‘attorneys’) to make decisions on their behalf regarding specific aspects of their life.
The role of an attorney is a crucial one. An attorney is entrusted with the responsibility of making important decisions on your behalf about your property and financial affairs and/ or health and welfare should you lose the capacity to do so.
Deciding who to appoint is a decision that should be considered carefully.
In this blog, our experienced Power of Attorney Solicitors in Portsmouth and Waterlooville consider what you should consider when deciding who to appoint as an attorney in your LPA.
What does an attorney do?
If you are an attorney for property and financial affairs, you make (or help the donor make) decisions about, for example:
- Money.
- Tax.
- Bills.
- Bank and building society accounts.
- Property.
- Investments.
- Pensions and other benefits.
Health and welfare attorneys are responsible for decisions about a donor’s:
- Daily routine, including washing, dressing and eating.
- Medical care
- Living arrangements.
How do attorneys make decisions?
According to GOV.UK, attorneys appointed under an LPA must:
- Follow any preferences and instructions the donor has included in the LPA.
- Act in the donor’s best interests.
- Help the donor make their own decisions where possible.
- Keep the donor’s money and property separate from their own.
- Respect the donor’s confidentiality.
- Give the Office of the Public Guardian (OPG) information about how the LPA is being used.
- Keep records of their actions.
- Respect the donor’s human and civil rights.
How many attorneys can you appoint in an LPA?
You can appoint one or more attorneys in your LPA. Although there is no limit to how many attorneys you can have, most people choose to have between one and four.
If you are appointing more than one attorney, you must choose how they will make decisions.
Attorneys can act:
- Jointly. This means they must always act together. Attorneys must agree for decisions to be made.
- Jointly and severally. This means that attorneys can make decisions together or independently. If one of the attorneys is unable to act, decisions can still be made without them.
- Jointly, and jointly and severally. You can also specify that attorneys can make some decisions on their own and others together.
You can appoint different attorneys to make decisions about your property and financial affairs and for your health and welfare decisions, or you can choose to have the same attorney for both.
You should also consider appointing a replacement attorney in case the person you want to make decisions for you is unable to act.
Who should you appoint as power of attorney?
Most people choose a family member or close friend as their attorney. You can also ask a professional, such as a solicitor, to act.
When deciding who to appoint as an attorney in your LPA, it can help to consider:
- Are they of sound mind?
- Are they reliable?
- Will they make decisions in your best interests?
- How well do they manage their own finances?
- Do they have the skills to undertake the role?
Before making an LPA, you should talk to the individual(s) you are considering appointing as your attorney(s) so that you can explain your preferences and check they are willing to act.
Lasting Power of Attorney Solicitors
A Lasting Power of Attorney can be just as important as writing your Will and should be made regardless of your age.
Illness and incapacity can strike at any age, and it is crucial to have an LPA in place in good time to protect against unforeseen events.
Larcomes’ experienced Lasting Power of Attorney Solicitors can provide the expertise and guidance surrounding all areas of LPAs and the Mental Capacity Act.
Please call 023 9244 8100 or fill in our LPA Questionnaire to find out how we can help you.
Please note that this article is not intended as legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
