Who should make decisions on your behalf if you can’t do so yourself?

Who should make decisions on your behalf if you can’t do so yourself?

Most of us prefer not to think about what might happen if we one day lose the ability to make our own decisions about money, health, or daily life. But that is exactly why it’s worth planning ahead. By choosing someone you trust to act on your behalf, you can make sure your wishes are respected – even if illness, accident, or age makes it difficult for you to decide for yourself.
Why it matters to plan ahead
None of us knows what the future holds. A stroke, dementia, or a serious accident can change everything overnight. If you haven’t made arrangements in advance, your loved ones may face difficult choices without knowing what you would have wanted – and they might not even have the legal right to act for you.
Planning ahead isn’t about being pessimistic; it’s about taking responsibility. It gives peace of mind to you and those close to you, knowing that your values and preferences will be honoured.
Lasting Power of Attorney, deputyship, and ordinary power of attorney – what’s the difference?
In the UK, there are several ways to give someone authority to act on your behalf, depending on your circumstances.
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Ordinary Power of Attorney is used for temporary or specific situations – for example, if you’re abroad and want someone to manage your bank account or sign documents for you. It’s only valid while you still have mental capacity.
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Lasting Power of Attorney (LPA) allows you to appoint one or more people (known as attorneys) to make decisions for you if you lose capacity in the future. There are two types: one for property and financial affairs, and another for health and welfare. An LPA must be registered with the Office of the Public Guardian before it can be used.
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Deputyship is arranged by the Court of Protection if you lose capacity and haven’t made an LPA. The court appoints a deputy – often a family member, but sometimes a professional – to make decisions for you. However, you have no control over who that person will be.
Creating an LPA gives you the power to decide who will act for you and in what areas, rather than leaving it to the courts.
What can a Lasting Power of Attorney cover?
An LPA can be tailored to your needs. You can choose whether it covers:
- Property and financial affairs, such as paying bills, managing investments, or selling your home.
- Health and welfare, including decisions about medical treatment, care arrangements, and where you live.
You can make one or both types of LPA, depending on what you want. It’s important to be clear about what your attorney can and cannot do, and to discuss your wishes with them in advance.
How to set up a Lasting Power of Attorney
You can create an LPA online or using paper forms available from gov.uk. You’ll need to:
- Choose your attorney(s) and decide what powers they should have.
- Have the form signed by a certificate provider, who confirms that you understand what you’re doing and are not under pressure.
- Register the LPA with the Office of the Public Guardian (OPG). There’s a registration fee, and the process can take several weeks.
The LPA for property and financial affairs can be used as soon as it’s registered (with your consent), while the health and welfare LPA only takes effect if you lose capacity.
Who should you choose as your attorney?
The most important thing is trust. Choose someone who knows you well, understands your values, and can handle responsibility. This might be a spouse, an adult child, a sibling, or a close friend. You can also appoint more than one attorney and specify whether they must act jointly or independently.
It’s wise to name a replacement attorney in case your first choice can’t take on the role when needed. Talk openly with the person you choose so they understand your expectations and are willing to take on the responsibility.
Advance decisions and living wills
An LPA mainly covers practical and financial matters, but you can also record your wishes about medical treatment through an Advance Decision to Refuse Treatment (ADRT), sometimes called a living will. This allows you to state in advance which treatments you would or wouldn’t want if you can’t communicate your wishes later. Healthcare professionals are legally bound to follow a valid ADRT.
Together, an LPA and an advance decision provide a complete picture of how you want your affairs and care to be managed if you lose capacity.
A thoughtful act for your loved ones
Making these arrangements might feel uncomfortable, but it’s one of the most caring things you can do. It removes uncertainty and potential conflict at a difficult time, giving your family clear guidance and the authority to act in your best interests.
It’s a way of taking control of your future – even when you can no longer speak for yourself.













