Why you need a Lasting Power of Attorney

Making a Lasting Power of Attorney, or LPA, is one of the simplest and most effective ways to protect yourself and your family. An LPA lets you choose people you trust to make decisions for you if you cannot. It covers either your property and finances, your health and welfare, or both. Planning now can stop months of stress and delay later on.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that lets you appoint one or more attorneys to act on your behalf. There are two types: a Property and Financial Affairs LPA, which covers bank accounts, bills, benefits, property and investments, and a Health and Welfare LPA, which covers where you live, care needs and medical treatment. Both LPAs must be registered with the Office of the Public Guardian before they can be used.

Common misunderstandings and why they matter

You must have capacity when you make an LPA

You can only create an LPA while you still have the mental capacity to understand the document and the decisions it covers. If you wait until you are unwell or lack capacity, you cannot make an LPA and your family would need to apply to the Court of Protection to become a deputy. That process is generally longer and more expensive than setting up an LPA in advance. See the government guidance for more detail at gov.uk.

Registering an LPA does not take your control away

Some people worry that once an LPA is registered they will lose access to their money or decisions. Registration simply means the document exists on a public record and can be used if needed. You retain full control until you lose capacity, and your attorneys must always act in your best interests.

Next of kin do not have automatic legal powers

Being next of kin does not give legal authority to make decisions. Without an LPA, doctors or social services make decisions they believe are in your best interests. If you want a partner, parent or friend to act, you need to appoint them by LPA.

Real risks if you don’t have an LPA

• Banks sometimes freeze accounts when a customer loses capacity, which can prevent a partner from paying household bills.
• Delays while applying to the Court of Protection for deputyship can leave care arrangements unsettled.
• Without a Health and Welfare LPA, doctors may make treatment decisions that do not match your wishes.

Practical steps to set up an LPA

Follow these simple steps to get started:

1. Decide which type of LPA you need, or whether you need both.
2. Choose attorneys you trust, and consider naming replacement attorneys.
3. Ask someone to be your certificate provider. This person confirms you understand the LPA.
4. Complete the forms and register the LPA with the Office of the Public Guardian. Guidance and application are available on gov.uk.

Choosing the right attorneys

Pick people who will act in your best interests and who can handle the responsibilities. You can appoint more than one attorney and set rules about how they should act. You can also limit their powers or set guidance about your wishes, such as whether an attorney may accept or refuse life-sustaining treatment on your behalf.

Examples where an LPA helps

If you have a sudden illness, a serious accident or a condition that affects your memory, an LPA allows trusted people to manage practical matters such as paying bills, arranging care, speaking with health professionals and making living arrangements. For parents with young children, having LPAs in place gives peace of mind that day to day finances and health decisions will be handled as you would want.

If you need help creating an LPA, Beneficial Family Wills can guide you through the process and handle the paperwork. Book a free call to discuss your options and we will explain how an LPA would work for your family: Book a free call.

We also help with related documents so your plans work together, such as wills and trusts. Learn more about writing a will with Beneficial Family Wills: Will writing. For detailed LPA services see our page on Lasting Power of Attorney.

Final thoughts

Setting up an LPA is sensible at any age. It is not just an issue for the elderly. Taking this step now saves your family time, stress and expense later. An LPA is a practical way to ensure your wishes are respected and that trusted people can act for you when you cannot.

Ready to get started? Contact us to arrange a free consultation and we will take you through every step: Contact Beneficial Family Wills.