If somebody asked you six months from now:

“Why did you make that decision?” Could you answer with confidence?

Not because you remember, but because you recorded it.

One of the most common themes that emerges in disputes involving LPAs is not necessarily dishonesty.

It is a lack of documentation.

A payment may have been entirely appropriate. A gift may have been reasonable. A decision may have been made with the donor’s best interests firmly in mind.

But over time memories fade.

Circumstances change.

Family members ask questions.

And suddenly a perfectly sensible decision becomes difficult to explain.

Good record-keeping is not about bureaucracy. It is about protection. Protection for the donor; Protection for the attorney; Protection for family relationships.

Sometimes a simple note can make all the difference:

What decision was made?

Why was it made?

Who was consulted?

How did it benefit the donor?

The Mental Capacity Act places great emphasis on acting in a person’s best interests.

Keeping a clear record of significant decisions is often one of the simplest ways of demonstrating exactly that.

Most attorneys are doing their best in circumstances they never expected to face. They should not have to rely on memory alone.

Good records do more than preserve information.

They preserve trust.

And trust, once lost, can be very difficult to rebuild.