The Importance of Lasting Powers of Attorney

Many people think that if something happens to them, their spouse or children can automatically step in to make decisions. Unfortunately, in the UK, that’s not the case without the right legal authority. This is where a Lasting Power of Attorney (LPA) comes in, and it can make a world of difference for you and your family.

What Is a Lasting Power of Attorney?

An LPA is a legal document that lets you appoint one or more people (your “attorneys”) to make decisions on your behalf if you’re unable to do so. There are two main types:

1. Property and Financial Affairs LPA – Covers money matters like paying bills, managing investments, or selling your home.
2. Health and Welfare LPA – Covers personal decisions about your health, care, and living arrangements.

Why LPAs Are So Important

1. They Protect You If You Lose Capacity
   Illnesses such as dementia, stroke, or even an accident can make it impossible to handle your own affairs. An LPA ensures someone you trust can act for you, without delays.
2. They Avoid Stress and Expense for Your Family
   Without an LPA, your loved ones may have to apply to the Court of Protection to act on your behalf — a process that can take months and cost significantly more.
3. You Stay in Control of Who Makes Decisions
   You choose your attorneys in advance, so you know the people making decisions are those you trust most.

When Should You Set One Up?

The best time is now, while you’re still healthy and capable of making your own choices. An LPA can only be set up while you have mental capacity — once it’s gone, it’s too late. Many people believe LPAs are only necessary later in life. In reality, capacity can be lost at any age due to an accident, illness or mental health.

How to Set Up an LPA

• Complete the official forms from the Office of the Public Guardian (OPG) — online or paper versions.
• Register your LPA with the OPG before it can be used (there’s a registration fee, currently £82 per LPA).
• You can do it yourself, but many people choose to get professional help to avoid mistakes.

An LPA isn’t just a piece of paperwork — it’s peace of mind. It ensures that if the unexpected happens, the people you trust can make the right decisions for you without unnecessary delay or stress.

This article provides general information and should not be taken as legal advice. Always seek guidance from a solicitor or other qualified professional before making decisions about LPAs.