What are the Risks of a Lasting Power of Attorney?

17th November 2025

Updated: Tuesday 3rd February 2026

What are the Risks of a Lasting Power of Attorney? The Drawbacks of a Lasting Power of Attorney are not always discussed, yet understanding them is just as important as recognising the benefits. An LPA is widely seen as one of the most effective ways to protect your future, allowing you to choose people you trust to make decisions on your behalf if you ever lose capacity. However, like any legal arrangement, it comes with potential challenges. Being aware of these early on helps you make informed decisions and reduce the risk of issues later.

Are there costs involved in setting up an LPA?

There is an unavoidable financial element to creating a Lasting Power of Attorney. The Office of the Public Guardian charges a registration fee of £92 per LPA. Most people choose to create two documents, one for Property and Financial Affairs and one for Health and Welfare.

If you use a solicitor, the overall cost can rise quickly, sometimes reaching hundreds or even thousands of pounds. While online services like Power of Attorney Online make the process far more affordable, it is still an upfront expense that some people delay or avoid.

What happens if the wrong attorney is chosen?

An attorney has significant legal authority, which means choosing the wrong person can create serious risks. If an attorney lacks time, capability, or integrity, decisions may not be made in your best interests.

Although safeguards exist, including oversight by the Office of the Public Guardian, problems can still arise if trust has been misplaced. This is why it is vital to think carefully about who is best suited for the role, not just who is closest to you emotionally.

Is the paperwork difficult to manage?

The application process for a Lasting Power of Attorney can feel complex. Forms must be completed accurately, signed in a specific order, and witnessed correctly. Even small mistakes can lead to delays or rejection by the Office of the Public Guardian.

This complexity is one of the most common frustrations for applicants. Guided online services help reduce this risk by providing step by step support and checks before submission, making the process clearer and less stressful.

Do LPAs always take effect immediately?

Not all LPAs work straight away. A Health and Welfare LPA can only be used once you have lost mental capacity. This can be confusing or frustrating for families who want to help earlier, particularly where capacity fluctuates.

This limitation exists to protect your independence, but it can feel restrictive during periods of illness or early cognitive decline. Clear conversations with your attorneys and healthcare professionals can help manage expectations.

Can LPAs cause family disagreements?

Family dynamics can be complicated, and LPAs can sometimes highlight differences of opinion. Disputes may arise if attorneys disagree with each other or if wider family members question decisions being made.

Careful planning reduces this risk. Choosing attorneys who communicate well, setting out clear preferences, and deciding how decisions should be made can help prevent conflict later on.

Do the drawbacks outweigh the benefits?

While the disadvantages of a Lasting Power of Attorney are real, they are usually manageable with the right preparation. Costs can be controlled, risks reduced and complexity simplified by using trusted guidance and reviewing your LPA regularly.

For most people, the peace of mind that comes from knowing decisions will be handled by trusted individuals far outweighs the potential downsides. Setting up your LPA thoughtfully ensures your independence, wishes, and wellbeing remain protected, whatever the future brings.