Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
An LPA in plain English
A Lasting Power of Attorney, or LPA, lets you (the “donor”) appoint one or more people (your “attorneys”) to make decisions on your behalf. It is made under the Mental Capacity Act 2005 and applies in England and Wales.
You make an LPA while you still have mental capacity. That is the key point. If you lose capacity later, for example after an illness, accident or because of dementia, your attorneys can step in. Without an LPA, your family may need to apply to a court for authority, which can take longer.
The two types of LPA
There are two types, and you can make one or both:
- Property and financial affairs – for things like managing bank accounts, paying bills, collecting a pension or selling a home.
- Health and welfare – for decisions such as daily routine, medical care, moving into a care home and, if you allow it, life-sustaining treatment.
Our article comparing the two types of LPA explains the differences in more detail.
Who can make an LPA?
GOV.UK says you must be 18 or over and have mental capacity when you make your LPA. You do not need to live in the UK or be a British citizen. Capacity is decision-specific, and a certificate provider must confirm that you understand the LPA and are not being pressured.
Key roles in an LPA
- Donor – the person making the LPA.
- Attorneys – the people chosen to make decisions. You can also name replacement attorneys.
- Certificate provider – an independent person who confirms you understand the LPA and are making it by choice.
- Witnesses – people who watch the donor and attorneys sign.
- People to notify – optional people who are told when the LPA is being registered, so they can raise concerns.
Choosing attorneys is one of the most important decisions. See our guide to choosing an attorney.
What attorneys must do
Attorneys must follow the principles of the Mental Capacity Act. GOV.UK says they must act in your best interests, help you make your own decisions where possible, keep your money separate from theirs, keep records and respect your confidentiality. They must also follow any instructions you include in the LPA.
A practical example
Margaret, 72, makes both types of LPA, naming her two daughters as attorneys. A few years later she has a stroke and cannot manage her finances. Because her property and financial affairs LPA is already registered, her daughters can show it to her bank and pay her care fees. When doctors need to discuss where she should live after hospital, her daughters can take part as her health and welfare attorneys, guided by the wishes she wrote down.
Registration
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. At the time of writing (October 2026), GOV.UK lists a fee of £92 to register each LPA, with possible reductions or exemptions. Read how LPA registration works for the steps involved.
What an LPA does not do
- It does not let attorneys make decisions after you die. At that point, your executors take over under your Will.
- It does not let attorneys do whatever they like. They must act in your best interests and within the law.
- A health and welfare LPA cannot be used while you can still make the decision yourself.
Scotland and Northern Ireland
LPAs are legally binding only in England and Wales. Scotland has continuing and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland); see mygov.scot. Northern Ireland uses enduring powers of attorney, which cover money and property only; see nidirect. We cannot currently route enquiries from Scotland or Northern Ireland reliably.
When to get professional help
Many people make LPAs themselves using the official forms. Others prefer help from a solicitor or other qualified professional. Getting help may be worth considering if:
- you want to include detailed instructions or preferences
- you own a business or complex assets
- there may be family disagreement about who should act
- you have concerns about whether someone still has capacity
If someone has already lost capacity, they cannot make an LPA. A professional can explain whether deputyship through the Court of Protection may be an option.
Next steps
If you would like help making or registering an LPA, you can find out about our Lasting Power of Attorney service or go straight to the short LPA questionnaire. WillHarbour is an introduction service, not a law firm. With your permission, we pass your enquiry to up to three suitable firms, such as solicitors or will-writing companies. Each must tell you about its fees and its referral arrangement with us before you decide whether to instruct it.
Frequently asked questions
Is an LPA the same as a Will?
No. An LPA covers decisions while you are alive. A Will sets out what happens to your estate after you die. Many people have both.
Can I make an LPA if I am in good health?
Yes. You must have mental capacity to make an LPA, so many people make one while they are well, as a precaution.
Does an LPA work in Scotland?
LPAs are legally binding only in England and Wales. Scotland and Northern Ireland have their own systems.
Can I cancel an LPA?
Yes. While you still have mental capacity, you can end your LPA. GOV.UK explains how to tell the Office of the Public Guardian.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
