Planning for incapacity is an essential but often overlooked part of estate planning. For Muslims in England and Wales, making a Lasting Power of Attorney (LPA) ensures that trusted individuals can manage your affairs if you become unable to do so yourself, while still respecting your values, beliefs, and family priorities.
Without LPAs in place, decisions about your finances, property, and medical care may be made by professionals or the court, rather than by people you trust. This can lead to delay, distress, and outcomes that do not reflect your wishes.
This guide explains Lasting Powers of Attorney for property and financial affairs and for health and welfare, how they work under English law, and what Muslim families should consider when putting them in place.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more people (your attorneys) to make decisions on your behalf if you lose mental capacity, or in some cases while you still have capacity.
LPAs are governed by English law and must be registered before they can be used.
The Two Types of Lasting Power of Attorney
There are two separate types of LPA:
- Property and Financial Affairs LPA
- Health and Welfare LPA
They cover different areas of decision-making and are often used together.
Property and Financial Affairs LPA Explained
A Property and Financial Affairs LPA allows your attorneys to manage your financial matters.
This may include:
- Managing bank accounts
- Paying bills and expenses
- Collecting income or benefits
- Managing investments
- Buying or selling property
This type of LPA can be used while you still have capacity, if you choose.
Why Property and Financial Affairs LPAs Matter
Without a Property and Financial Affairs LPA:
- Family members may be unable to access accounts
- Bills and mortgages may go unpaid
- The court may need to appoint a deputy
Court-appointed arrangements are slower, more expensive, and less flexible.
Health and Welfare LPA Explained
A Health and Welfare LPA allows your attorneys to make decisions about your personal welfare if you lose capacity.
This can include:
- Medical treatment decisions
- Care arrangements
- Living arrangements
- End-of-life decisions
This LPA can only be used if you lack capacity.
Health and Welfare Decisions and Islamic Values
For Muslims, health and welfare decisions may involve important religious considerations.
An LPA can allow attorneys to:
- Ensure modesty and dignity in care
- Respect dietary and religious needs
- Consider Islamic perspectives on medical treatment
Choosing the right attorneys is therefore crucial.
Life-Sustaining Treatment Decisions
A Health and Welfare LPA can include authority to make decisions about life-sustaining treatment.
You can choose whether or not to give your attorneys this power.
This decision should be considered carefully and discussed openly.
Who Can Be an Attorney?
An attorney must be:
- At least 18 years old
- Mental capacity to act
- Someone you trust completely
Attorneys can be family members, friends, or professionals.
How Many Attorneys Should You Appoint?
You can appoint one or more attorneys.
If appointing more than one, you must decide whether they act:
- Jointly
- Jointly and severally
This choice affects flexibility and risk.
Why LPAs Are Important for Muslim Families
Muslim families often assume relatives will automatically be able to act.
In reality:
- No one has automatic authority without an LPA
- Hospitals and banks must follow strict rules
LPAs provide certainty and avoid unnecessary stress.
Common Mistakes to Avoid
Relying on Verbal Understanding
Informal arrangements have no legal effect.
Leaving LPAs Too Late
LPAs can only be made while you have capacity.
Using Generic Templates
Poor drafting can cause delay or rejection.
Registration and Timing
LPAs must be registered before use.
Registration can take several weeks.
Early preparation avoids problems during emergencies.
LPAs and Estate Planning
LPAs complement, but do not replace, wills.
A complete plan often includes:
- English law-compliant Islamic will
- Lasting Powers of Attorney
- Letters of Wishes
Together, these documents provide protection during life and after death.
Reviewing and Updating LPAs
LPAs should be reviewed periodically.
This is particularly important after:
- Marriage or divorce
- Changes in health
- Changes in family relationships
The Importance of Professional Advice
LPAs involve legal, practical, and personal considerations.
Professional advice helps ensure:
- The documents are valid and effective
- Your wishes are clearly expressed
- Religious and cultural values are respected
How We Can Help
Our solicitors advise Muslim individuals and families on Lasting Powers of Attorney.
We can assist with:
- Preparing Property and Financial Affairs LPAs
- Preparing Health and Welfare LPAs
- Advising on attorney selection
- Integrating LPAs with Islamic wills and estate planning
If you do not yet have Lasting Powers of Attorney in place, we strongly recommend seeking legal advice as soon as possible.
Putting LPAs in place now can provide peace of mind and protect your dignity, finances, and family if the unexpected happens.
