LPAs for Estranged Families

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 11 April 2026

You can create a Lasting Power of Attorney even if you are estranged from your family — and in many ways, estrangement makes having one even more urgent. Without an LPA, you lose control over who makes decisions for you if you lose mental capacity. The Court of Protection could appoint someone you haven’t spoken to in years as your deputy, simply because they are your next of kin.

Why Estrangement Makes LPA Planning More Urgent

Most people assume that LPA planning is about choosing which family member should look after their affairs. When you are estranged from family, the question shifts entirely: how do you protect yourself when the people society expects to step in are the last people you would want making decisions for you?

Under the Mental Capacity Act 2005, if you lose mental capacity without an LPA in place, someone must apply to the Court of Protection to become your deputy. The court considers who is most appropriate, and close family members — including estranged ones — are often first in line. A brother you have not spoken to in fifteen years, or a parent you deliberately cut ties with, could end up controlling your finances or making decisions about your medical care.

Consider Helen, who had been estranged from her sister Rachel for over a decade following a dispute about their late mother’s estate. When Helen suffered a stroke at 58 and could no longer manage her affairs, Rachel applied to the Court of Protection and was appointed as Helen’s deputy. Helen had close friends who would have been far better suited, but without an LPA, she had no say in the matter.

Choosing Attorneys Outside Your Family

There is no legal requirement for your LPA attorney to be a relative. The law simply requires that an attorney is aged 18 or over, has mental capacity, and — for a Property and Financial Affairs LPA — is not bankrupt or subject to a debt relief order. Beyond that, you can appoint anyone you trust. Our guide on who can be an attorney covers the full eligibility criteria.

For people estranged from family, the most common attorney choices include:

• Close friends — a long-standing friend who knows your values and wishes can be an excellent attorney, provided they are willing and able to take on the responsibility
• Partners — an unmarried partner is just as eligible as a spouse, and many people in this situation choose their partner as a primary attorney
• Colleagues or neighbours — if your social circle is small, a trusted colleague or long-term neighbour may be willing to act
• Non-estranged family — estrangement rarely extends to every relative. A cousin, aunt, or in-law you remain close to could be a good fit

The key qualities to look for are trustworthiness, reliability, and a genuine willingness to act in your best interests. Our guide on how to choose the right attorney walks through the decision in detail. If you are struggling to identify anyone suitable, you are not alone — our guide on what to do when you have no one to appoint covers this specific situation.

Professional Attorneys and Trust Corporations

When estrangement has left you without anyone in your personal life you feel comfortable appointing, professional attorneys offer a genuine alternative. A solicitor, accountant, or other regulated professional can be named as your attorney on either type of LPA.

Professional attorneys charge fees for their services, which are paid from your estate. These fees vary but are typically based on the time spent managing your affairs. While this is an ongoing cost, it buys you independence from family members you do not want involved. Our guide on whether a professional can be your attorney explains the practicalities, costs, and how to find one.

Another option is a trust corporation. These are organisations — often linked to law firms or banks — that can act as your attorney. A trust corporation will never lose capacity itself, will not move abroad, and will not have personal conflicts of interest. The trade-off is that the relationship is professional rather than personal, and fees tend to be higher than for individual solicitors.

Protecting Yourself From Estranged Relatives

One of the biggest concerns for people with estranged families is whether a relative they have cut ties with could interfere with their LPA. The short answer is that a properly made and registered LPA is very difficult to challenge — but not impossible.

An estranged family member could raise concerns with the Office of the Public Guardian (OPG) or apply to the Court of Protection to have your LPA revoked. However, they would need to demonstrate one of a small number of grounds: that you lacked mental capacity when you made the LPA, that you were coerced or put under undue pressure, that the LPA was not properly executed, or that your attorney is not acting in your best interests.

To protect yourself against these challenges:

• Make your LPA while you clearly have capacity — the earlier you do it, the harder it is for anyone to claim you lacked capacity at the time
• Choose a strong certificate provider — their role is to confirm you understood the LPA and were not under pressure (more on this below)
• Keep a written note of your reasons — a letter explaining why you chose your attorneys and why you have excluded certain family members can be powerful evidence if the LPA is ever questioned
• Register the LPA promptly — a registered LPA carries more weight and is harder to challenge than an unregistered one

Certificate Provider Considerations

Every LPA must include a certificate provider — an independent person who confirms that you understand the LPA, that nobody is pressuring you into making it, and that there is no fraud involved. When you are estranged from family, the choice of certificate provider carries extra weight.

A certificate provider must be either someone who has known you personally for at least two years, or a professional such as a solicitor, GP, or social worker. They cannot be one of your chosen attorneys, a family member of an attorney, or a family member of yours.

In estrangement situations, a professional certificate provider is often the stronger choice. A solicitor or GP who certifies your LPA provides an authoritative, independent confirmation that you had capacity and were acting freely. If an estranged relative later tries to argue that your friend unduly influenced you into making the LPA, having a solicitor as your certificate provider makes that argument much harder to sustain.

If your chosen attorneys are friends rather than family, picking a professional certificate provider also avoids any perception of a closed circle. It demonstrates that an independent, qualified person verified the LPA was made properly.

People to Notify: Do You Have to Include Estranged Relatives?

When you register an LPA, you have the option to name “people to notify” — individuals who will be told when the LPA is submitted for registration. This gives them a chance to raise concerns before the LPA becomes active.

You are not required to name anyone. This section is entirely optional. You are also not required to include any specific family members, estranged or otherwise. Many people in estrangement situations choose to leave this blank, or to name a trusted friend, neighbour, or professional instead.

However, naming at least one person to notify does add a layer of oversight. If you are appointing a friend as attorney rather than a family member, having an independent person notified can strengthen the LPA’s credibility. Consider choosing someone who knows both you and your attorney but has no financial interest in your affairs.

Practical Steps for Creating Your LPA

If you are estranged from family and want to put an LPA in place, here is a straightforward process to follow.

Common Questions About LPAs and Estranged Families

This guide was last reviewed and updated on 11 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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