A lasting power of attorney is one of the most important legal documents you can put in place for the future.
Although many people associate it with old age or long-term care, a lasting power of attorney can be useful in a much wider range of situations.
It is designed to protect you if there comes a time when you are no longer able, or no longer want, to deal with important decisions yourself.
In this article, we explain what a lasting power of attorney is, why it matters, the risks of not having one in place, and what to think about when choosing your attorneys.
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What Is A Lasting Power of Attorney?
A lasting power of attorney, often shortened to LPA, is a legal document that allows you to appoint one or more people to make decisions on your behalf.
There are two types of lasting power of attorney:
Property and financial affairs LPA
This covers decisions about matters such as:
- managing bank accounts
- paying bills
- handling pensions and investments
- dealing with property
- selling your home if necessary
Health and welfare LPA
This covers decisions about matters such as:
- medical treatment
- care arrangements
- choosing a care or nursing home
- dealing with social services
- decisions about life-sustaining treatment, if you choose to give that authority
In most cases, it is sensible to have both types in place so that all areas of your life are covered.
Why Is A Lasting Power of Attorney Important?
A lasting power of attorney is often described as something you hope never to need, but are very glad to have if circumstances change.
Many people assume an LPA is only relevant if they lose mental capacity later in life. In reality, it can help in a range of situations, including illness, physical frailty, hospitalisation, serious injury, travel disruption or any other circumstance where you cannot manage affairs yourself.
It is not about losing control. In many ways, it is about preserving control by deciding in advance who should step in if help is ever needed.
When Should You Make An LPA?
The best time to make a lasting power of attorney is before you need it.
An LPA must be made while you still have mental capacity, and it must then be registered before it can be used. Registration is handled by the Office of the Public Guardian and can take several weeks, often longer than people expect.
That means it is not something to leave until there is already a crisis.
If someone loses capacity before an LPA is in place, the alternatives are more complicated, more expensive and far less flexible.
How Does An LPA Benefit You and Your Family?
A lasting power of attorney can offer both practical and emotional benefits.
Practical support
If you become unwell, physically frail or mentally incapable, your attorneys can step in to deal with the day-to-day matters that still need attention. This might include paying for care, dealing with a property sale, managing household finances or speaking to professionals on your behalf.
Even where a person still wants to make the big decisions themselves, an attorney can help with the practical burden.
Peace of mind
An LPA can also provide reassurance for everyone involved. If an unexpected hospital admission or health crisis happens, your family knows there is already a clear legal framework in place.
That can make an already difficult situation feel more manageable and reduce uncertainty at a time when emotions are already running high.
Who Should You Choose As Your Attorney?
This is one of the most important decisions to make when creating an LPA.
Your attorney needs to be someone you trust completely. If the LPA is ever used, that person may be responsible for major decisions about your finances, your care, your home, and your overall well-being.
When choosing an attorney, you should think about whether they are:
- trustworthy
- practical
- organised
- capable of dealing with professionals and paperwork
- able to follow your wishes
- willing to take on the responsibility
It is also important to have ongoing conversations with them, so they understand your preferences and values.
Can You Appoint More Than One Attorney?
Yes, and this is something many people do not realise.
You can appoint more than one attorney, and you can also name replacement attorneys who step in if your original attorneys are unable to act.
This can be especially useful for couples, where each spouse appoints the other first, with children or stepchildren as replacements.
You may also want to separate responsibilities. For example, someone with a business may prefer one set of attorneys for business matters and another for personal affairs.
This flexibility means an LPA can often be tailored to suit your circumstances rather than following a one-size-fits-all model.
What Happens If You Do Not Have An LPA?
If you lose mental capacity without an LPA in place, your family cannot automatically step in and make decisions for you.
Instead, they may need to apply to the Court of Protection for a deputyship order.
This is usually:
- slower than making an LPA
- more expensive
- more complex
- less flexible
Deputyship is often available for property and financial matters, but the Court of Protection is much more reluctant to make broad orders for health and welfare decisions.
That can mean some of the most personal and important decisions about your care and medical treatment are left to professionals rather than the people you would have chosen yourself.
Why Can Not Having An LPA Create Difficulties?
Without an LPA, problems can arise very quickly.
Your family may not be able to access bank accounts, deal with bills, arrange care funding or manage your property. This can create practical stress at exactly the moment they are already coping with emotional upheaval.
It can also increase the risk of financial exploitation if no one has legal authority to monitor what is happening.
In some cases, family disputes can arise over who should take responsibility, particularly where there are blended families or complicated personal dynamics.
Putting an LPA in place in advance helps avoid these problems and gives much clearer guidance if something unexpected happens.
Why Do People Delay Making An LPA?
Despite the benefits, many people still put it off.
Often this is because people do not want to think about getting older, becoming unwell or losing independence. Others worry that giving someone else authority might expose them to financial abuse or conflict.
In some families, the difficulty is not understanding the value of an LPA, but working out who should be appointed without upsetting others.
These are real concerns, but they are usually better dealt with through early discussion and proper legal advice than by avoiding the issue altogether.
What Should You Think About Before Making An LPA?
Before making a lasting power of attorney, it is helpful to consider:
- who you trust to act for you
- whether you want more than one attorney
- whether you need replacement attorneys
- whether different people should handle different responsibilities
- whether you want your attorneys to make decisions about life-sustaining treatment
- whether your wishes are clearly understood by those you appoint
It is also sensible to review your will alongside your LPA, so that your wider planning is consistent and nothing important is overlooked.
Final Thoughts
A lasting power of attorney is one of the clearest ways to plan ahead and protect yourself and your family. It is not just for later life, and it is not just about incapacity.
It is about making sure the right people are in place to help if circumstances change.
Without an LPA, your loved ones may face delays, costs, uncertainty, and reduced control at a difficult time. With one in place, there is clarity, reassurance and a much stronger foundation for managing future decisions.
If you are considering putting a lasting power of attorney in place, seeking advice early can help you choose the right attorneys, understand your options, and ensure everything is properly prepared.
Find out more about how Monan Gozzett can help you set up an LPA.
This article is based on the Monan Gozzett Firm Talk podcast. Listen to the full episode here. This written version has been adapted from the audio and edited for clarity.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved