For safeguarding professionals, conversations about future planning can be just as important as responding to immediate risks.
For safeguarding professionals, conversations about future planning can be just as important as responding to immediate risks. A lasting power of attorney (LPA) is a valuable tool that helps people plan for a time when they may no longer be able to make decisions for themselves. By appointing trusted individuals to act on their behalf, people can retain greater choice and control over their future.
Getting to grips with the terminology
An LPA is a legal document that allows a person (known as the donor) to choose someone they trust (known as an attorney) to make decisions on their behalf if they are no longer able to do so themselves, or if they would like support with managing certain affairs.
There are two types of LPA, one covering Property and Finance and the other covering Health and Welfare decisions.
Making an LPA
In England and Wales, anyone aged 18 or over with mental capacity can make an LPA.
Their attorney must also be aged 18 or over. They could be a spouse, family member, friend or professional.
The donor can appoint one or more attorneys to act on their behalf. If more than one attorney is appointed, the donor must decide how they will make decisions. Attorneys can act jointly, meaning they must make all decisions together, or jointly and severally, meaning they can make decisions together or independently of one another. This flexibility allows the arrangement to be tailored to the donor’s circumstances and preferences.
It costs £92 to make and register an LPA with the Office of the Public Guardian (OPG). Additional costs can arise if the donor wishes to seek legal advice or professional help.
Understanding the significance of an LPA
Putting an LPA in place is not simply about completing a legal form. It is about ensuring that people understand the significance of the decisions they are making and are supported to choose the right attorney.
Choosing an attorney is one of the most important decisions a donor will make. Attorneys may be given significant powers relating to a person’s finances, property, health, and welfare. Professionals can play an important role by encouraging people to think carefully about who they trust to carry out their wishes, respect their values, and act with integrity. An attorney should not simply be the most convenient choice; they should be someone the donor has confidence in to make decisions in line with their preferences and best interests.
It is equally important that donors fully understand what powers they are giving to their attorney. An LPA can allow attorneys to make decisions that have a profound impact on a person’s life. Open, honest conversations can help people consider how they would like decisions to be made in the future and whether the arrangements they are putting in place genuinely reflect their wishes.
The importance of professional curiosity
LPAs are powerful legal tools, so professional curiosity remains essential throughout. Conversations with donors should explore not only who they have appointed, but why. Does the donor understand the attorney’s role? Do they feel comfortable with the arrangements? Have they had the opportunity to make an informed and unpressured choice?
Attorneys also benefit from ongoing conversations. They should be reminded that their role is to support the donor as much as possible to make their own decisions and only step in when necessary. Acting in someone’s best interests means respecting their wishes, values, and rights.
By staying curious, asking open questions, and maintaining contact with the Office of the Public Guardian (OPG) for support and guidance, safeguarding professionals can help ensure that LPAs remain an important safeguard for future decision-making while reducing the risk of abuse, neglect, or undue influence.
Madeleine Owen
Senior Strategic Engagement Manager
Stakeholder Engagement Team
Office of the Public Guardian
Free Online Seminar – Planning Ahead: How Lasting Power of Attorney Can Protect Voice, Choice, and Autonomy
As part of Safeguarding Adults Week, The Office of the Public Guardian will run a couple of free online seminars focusing on the role an LPA can play in safeguarding:
- Tuesday 17 November – 10:30 am – 11:30 am – How Lasting Power of Attorney Empowers Safeguarding Professionals to Uphold Voice, Choice, and Autonomy, With The Office of the Public Guardian
- Thursday 19 November – 12:00 pm – 1:00 pm – Professional Curiosity in Practice: Recognising and Raising Concerns About Attorneys and Deputies, With Office of the Public Guardian
The session on Thursday 19 November will feature an extended Q&A session. This is an opportunity to ask questions directly and gain further insight into how LPAs can support adults to plan for the future, safeguard their rights, and maintain choice and autonomy.