Do I Need a Lasting Power of Attorney?

Q: Do I Need a Lasting Power of Attorney?

Not everyone needs a Lasting Power of Attorney, but many people benefit from having one. It allows someone you trust to act on your behalf if you lose capacity. Without one, your family may face significant delays and costs through the Court of Protection.

Most people think of a Lasting Power of Attorney as something for later life. In reality, it is a document about what happens if. Not when. A stroke, an accident, a sudden illness can affect anyone at any age, and the moment you lose capacity is the moment you can no longer create the document that protects you. That is the practical reason this conversation belongs earlier in life, not later.

What a Lasting Power of Attorney actually is

A Lasting Power of Attorney, or LPA, is a legal document that lets you appoint one or more people to make decisions on your behalf if you are unable to make them yourself. It must be created while you still have full mental capacity. Once registered with the Office of the Public Guardian, it can be used when needed and only as the document allows.

The two types of LPA

There are two separate LPAs. One covers property and financial affairs. The other covers health and welfare. They are not interchangeable. The financial LPA deals with bank accounts, bills, property and investments. The health and welfare LPA covers medical treatment, care arrangements and end-of-life decisions. Most people who put one in place sensibly put both in place at the same time.

What happens without an LPA

If you lose capacity without an LPA in place, your family cannot simply step in. They must apply to the Court of Protection to be appointed as your deputy. The process is slow, expensive and intrusive. It typically takes six to twelve months and costs several thousand pounds. During that time, bills go unpaid, decisions cannot be made, and the family is left trying to hold things together with no legal authority to act.

Who should consider one

Anyone over 18 with assets, dependants or strong preferences about their own care should consider an LPA. Business owners, in particular, need to think carefully about who would run things if they were suddenly unable to. Older parents living independently benefit enormously from having one in place. So do younger adults with complex financial arrangements or significant responsibilities.

Common objections

The most common objection is loss of control. In practice, the document only takes effect when you can no longer act for yourself, and you choose exactly who has the authority and what they can do. The second most common objection is cost. Compared to the cost and delay of a Court of Protection application, an LPA is a small investment in protection.

Sean's Perspective

What I have learned after years of helping families make these decisions is that the LPA conversation is almost always left too late. Nobody expects to lose capacity suddenly. But the families I have seen navigate it without an LPA in place face a process that is slow, expensive and completely avoidable.

Inheritance Made Simple supports individuals and families throughout Bournemouth, Dorset, London and Mayfair, and across the UK, with estate planning, inheritance tax planning and family wealth structuring.

Quick Answer