The Drawbacks of a Lasting Power of Attorney

17th November 2025

A Lasting Power of Attorney (LPA) is one of the most effective ways to protect your future, giving trusted people the authority to make decisions for you if you can’t. But while LPAs are powerful legal tools, they’re not without their downsides. Before setting one up, it’s important to understand the potential negatives so you can make clear, confident choices.

1. The Cost of Setting Up an LPA

Let’s start with cost. Registering an LPA with the Office of the Public Guardian (OPG) costs £82 per document, and you’ll need two (one for Property & Financial Affairs, one for Health & Welfare). Add solicitor fees, which can range up to £1000 per LPA, and it’s easy to see why some people hesitate.

Of course, digital services and DIY options make things far more affordable, but it’s still an upfront cost that puts some people off.

2. The Risk of Choosing the Wrong Attorney

Your attorney will have significant power over your finances, health, and personal life. If you appoint someone who isn’t trustworthy or reliable, things can go wrong fast.

While most attorneys act responsibly, there have been cases of misuse, especially where vulnerable donors were pressured or taken advantage of. That’s why choosing the right person is crucial. Don’t just think about who’s closest to you; think about who’s most capable and dependable under pressure.

3. The Complexity of the Paperwork

For many people, filling in LPA forms can feel confusing and time-consuming. Legal language, multiple signatures and strict witnessing rules mean that even small mistakes can lead to delays or rejections.

It’s one reason why many people now prefer to use guided online tools like Power of Attorney Online: they make the process simpler and ensure every step is correct before submission.

4. Limited Powers Before Loss of Capacity

A Health and Welfare LPA only takes effect once you’ve lost mental capacity. That can be frustrating for families who want to help sooner, especially when health issues fluctuate or early dementia is diagnosed.

It’s a safeguard designed to protect your independence, but it can also feel restrictive in practice. Knowing when “capacity” has been lost can be a grey area, so clear communication between attorneys, doctors and loved ones is key.

5. Potential for Family Disagreement

Even with the best intentions, family disputes can happen. Different views about what’s “best” for you can cause tension, especially when multiple attorneys are involved.

Deciding early how your attorneys make decisions (jointly, jointly and severally or a mix) helps prevent misunderstandings later.

The negatives of a Lasting Power of Attorney are real: cost, complexity and trust are all factors worth considering. But for most people, the peace of mind far outweighs the drawbacks. The key is getting the setup right from the start: choosing the right people, using clear guidance and reviewing your LPA regularly. That way, you’ll protect both your independence and your future.