Lasting Power of Attorney — Why You Need One Before You Think You Do

Most people think about Lasting Powers of Attorney when someone close to them loses mental capacity. By then, it is too late to make one.

A Lasting Power of Attorney (LPA) can only be made by someone who currently has mental capacity. Once that capacity is lost — through dementia, a stroke, a serious accident or any other cause — the opportunity is gone. What follows instead is an application to the Court of Protection for a Deputyship Order: a process that is significantly more expensive, more time-consuming and more distressing for everyone involved.

This article explains what an LPA is, what it covers, and why putting one in place now — whatever your age or health — is one of the most important things you can do for yourself and your family.

A Lasting Power of Attorney is a legal document that gives one or more people — known as attorneys — the authority to make decisions on your behalf if you are unable to make them yourself. You choose who your attorneys are, what decisions they can make, and any conditions or restrictions you want to impose.

There are two types of LPA in England and Wales:

Covers decisions about your money and property — including managing your bank accounts, paying your bills, collecting your income and benefits, and selling your property if necessary. With your consent, this LPA can also be used while you still have capacity — for example, if you are abroad or simply want someone to help manage your affairs.

Covers decisions about your medical care, where you live, your daily routine and — if you choose — whether to refuse life-sustaining treatment. This LPA can only be used once you have lost mental capacity. It gives your attorneys the authority to make decisions that your healthcare providers would otherwise make on your behalf, without necessarily consulting your family.

Without a Health and Welfare LPA, doctors and care providers are under no legal obligation to consult your family about your treatment. Your partner, your children, your closest friend — none of them has automatic authority to make decisions on your behalf without an LPA in place.

If you lose mental capacity without an LPA in place, someone who wants to manage your affairs must apply to the Court of Protection to become your Deputy. This process typically takes six to twelve months, costs significantly more than making an LPA, and requires ongoing annual reporting to the Court. The Court — not you — decides who your Deputy will be.

In the meantime, your family may be unable to access your bank accounts, pay your care fees, manage your property or make decisions about your medical treatment. The financial and emotional cost of this situation is considerable and entirely avoidable.

The short answer is everyone — but particularly:

• Anyone over 50 — cognitive decline can happen at any age, but the risk increases with time

• Anyone with a health condition that could affect their capacity

• Business owners — without an LPA, no one may have authority to manage the business if you are incapacitated

• Property owners — decisions about your property cannot be made without legal authority

• Anyone with savings or investments — bank accounts cannot be accessed without an LPA or Court order

• Parents of dependent children — a Health and Welfare LPA allows you to specify your wishes regarding your children's care

• Unmarried couples — a partner has no automatic legal authority without an LPA

Making an LPA is a multi-step process that includes registration with the Office of the Public Guardian (OPG). The current registration timeline at the OPG is typically twelve to twenty weeks from submission. This is the government's processing time — it cannot be shortened regardless of urgency.

This is why acting now matters. An LPA made today will not be usable until it is registered, and registration takes time. Waiting until you need one is not an option.

We prepare both types of LPA — Property & Financial Affairs and Health & Welfare — and guide you through every decision involved. We explain clearly who your attorneys should be, what powers to grant, what restrictions to include and how the document works in practice.

Our LPA service includes:

• A full consultation to understand your wishes and circumstances

• Professional preparation of both LPA documents

• Guidance on choosing your attorneys and certificate provider

• Submission to the Office of the Public Guardian on your behalf

• Ongoing support throughout the registration process

We strongly recommend making both types of LPA at the same time. The cost of preparing both together is significantly less than preparing them separately, and the protection they provide together is complete.

→ Book Your Free LPA Consultation — Act Now, Before You Need To

Yes. You can appoint multiple attorneys and specify whether they must act jointly (together on every decision), jointly and severally (independently or together), or jointly for some decisions and severally for others. We will explain the implications of each arrangement so you can make the right choice for your circumstances.

Yes. You can include specific instructions your attorneys must follow and preferences you would like them to consider. For example, you might specify that your attorneys must consult certain family members, or that particular assets should not be sold without agreement between all attorneys.

You can change or cancel (revoke) your LPA at any time, provided you still have mental capacity. Once you lose capacity, the LPA cannot be revoked. This is another reason to review your LPAs regularly — particularly if your relationship with your chosen attorneys changes.

No. Making an LPA does not reduce your independence in any way while you have capacity. A Property and Financial Affairs LPA can only be used without your consent once you have lost capacity (unless you have specifically authorised its use before that point). A Health and Welfare LPA can only ever be used once you have lost capacity. The document simply ensures that someone you trust — rather than someone chosen by a court — can act on your behalf if and when that point arrives.