When most people think about Lasting Powers of Attorney (LPAs), they often assume they’re something to consider later in life, perhaps alongside retirement planning or when health concerns arise. The reality, however, is quite different. If you’re over 18 and have mental capacity, you should seriously consider putting an LPA in place now, regardless of your age or current health status.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people (known as attorneys) to make decisions on your behalf if you become unable to do so yourself. This loss of capacity might be temporary or permanent, sudden or gradual, but without an LPA in place, the consequences can be both stressful and costly for your loved ones.
There are two types of LPA in England and Wales. A Property and Financial Affairs LPA gives your attorneys the authority to manage your finances, pay bills, and handle property matters. A Health and Welfare LPA enables your attorneys to make decisions about your medical care, living arrangements, and day-to-day welfare. Many people choose to have both types in place to ensure comprehensive protection.
Do I Need a Lasting Power of Attorney?
The simple answer is yes, and here’s why. Loss of mental capacity doesn’t discriminate by age. Whilst we often associate it with conditions like dementia in later life, the truth is that anyone can lose capacity at any time. A serious accident, sudden illness, or even complications during routine medical procedures can leave you temporarily or permanently unable to make decisions.
Consider the practical reality. Without an LPA, your family or loved ones cannot simply step in to manage your affairs, no matter how close you are. Banks won’t allow your spouse to access your accounts. Your partner can’t sell your home to pay for care. Your parents can’t make medical decisions on your behalf. Instead, your loved ones would need to apply to the Court of Protection for a deputyship order, a process that is lengthy, expensive, and stressful at an already difficult time.
Why Young Adults Need an LPA Too
If you’re in your twenties, thirties, or forties, you might be thinking that an LPA is something to worry about decades from now. However, younger adults face unique risks that make LPAs particularly relevant. Active lifestyles involving sports, travel, or simply commuting carry risks of accidents that could result in head injuries or coma. Young professionals often have complex financial arrangements including mortgages, investments, and business interests that would need managing if they became incapacitated.
Modern life also means that many young adults are financially independent from their parents. Without an LPA, even your own parents wouldn’t automatically have the right to manage your affairs if something happened to you. For couples living together but not married, the situation is even more precarious. Without an LPA, an unmarried partner has no legal right to make decisions on your behalf, regardless of how long you’ve been together.
The Cost of Not Having an LPA
The financial and emotional cost of not having an LPA in place can be substantial. Applications to the Court of Protection typically cost several thousand pounds, compared to the modest cost of setting up an LPA. The process can take many months, during which time your family may struggle to pay your bills or access funds for your care.
Beyond the financial implications, there’s the emotional toll on your loved ones. At a time when they should be focusing on supporting you through illness or recovery, they’re instead navigating complex legal processes and dealing with the frustration of being unable to help in practical ways. Family disagreements about who should be appointed as deputy and what decisions should be made can also arise, adding further stress to an already challenging situation.
What Does an LPA Actually Cover?
Understanding what a Lasting Power of Attorney covers helps to illustrate why it’s such an important document. A Property and Financial Affairs LPA can be used as soon as it’s registered, even if you still have mental capacity, but only with your permission unless you specify otherwise. Your attorneys could manage your bank accounts, pay bills, sell your home, claim benefits on your behalf, or manage investments and savings.
A Health and Welfare LPA can only be used once you’ve lost mental capacity. It covers decisions about where you should live, your day-to-day care arrangements, medical treatment, and, if you wish, life-sustaining treatment. Having these documents in place means your voice is still heard through the people you trust, even when you can’t speak for yourself.
Choosing Your Attorneys Wisely
Selecting who will act as your attorney is one of the most important decisions you’ll make when creating an LPA. You need people who are trustworthy, capable, and willing to take on the responsibility. Many people choose a combination of family members or friends and professional advisors to provide a balance of personal knowledge and objective expertise.
You can appoint attorneys to act jointly, meaning they must all agree on decisions, or jointly and severally, meaning they can act independently. You can also appoint replacement attorneys who will step in if your first-choice attorneys are unable or unwilling to act when the time comes. Taking time to think through these appointments carefully is essential, and it’s worth discussing your wishes with the people you plan to appoint before completing your LPA.
When Should You Make an LPA?
The best time to make an LPA is now, whilst you have full mental capacity and can make clear decisions about who you want to act for you and what powers you want to give them. Waiting until you think you might need it is risky. By the time warning signs appear, it may already be too late to create a valid LPA.
Think of an LPA like insurance. You don’t wait until your house is on fire to take out home insurance, and you shouldn’t wait until you’re facing health concerns to put an LPA in place. Creating one whilst you’re well and capable means you’re in control of the decisions, you can take your time choosing the right attorneys, and you have peace of mind that arrangements are in place whatever the future holds.
The Process of Setting Up an LPA
Setting up a Lasting Power of Attorney is more straightforward than many people imagine, especially with professional guidance. You’ll need to decide which type of LPA you want, choose your attorneys and any replacement attorneys, and consider whether you want to include any specific instructions or preferences for how your attorneys should act.
The LPA must be completed on the correct forms, signed by you in the presence of a certificate provider who confirms you understand what you’re doing, and then registered with the Office of the Public Guardian before it can be used. Whilst it’s possible to complete the process yourself, many people choose to work with a solicitor to ensure everything is completed correctly and to discuss the implications of different choices. At Boyletts Law, we take the time to understand your circumstances and wishes, ensuring your LPA truly reflects what you want.
Common Misconceptions About LPAs
There are several myths about Lasting Powers of Attorney that prevent people from taking action. Some worry that creating an LPA means giving away control immediately. This isn’t true. You remain in control of your affairs for as long as you have mental capacity, and a Property and Financial Affairs LPA can only be used with your permission unless you lose capacity.
Others believe that being married means their spouse automatically has the right to make decisions for them. Unfortunately, this is not the case. Marriage doesn’t grant automatic legal authority to manage your partner’s affairs or make medical decisions on their behalf. Only an LPA or a deputyship order from the Court of Protection provides this authority.
LPAs Work Best Alongside Other Estate Planning
Whilst a Lasting Power of Attorney is essential, it works best as part of comprehensive estate planning. Your LPA covers decisions whilst you’re alive but unable to make them yourself. A Will determines what happens to your estate after you die. Both documents are important, and neither can substitute for the other.
Many people also benefit from discussing their wishes with their attorneys in advance. Whilst you can include specific instructions in your LPA, conversations about your values, preferences, and concerns give your attorneys valuable context for future decisions. This dialogue ensures that your attorneys understand not just what powers they have, but how you’d want them to use those powers.
Taking Control of Your Future
Creating a Lasting Power of Attorney is one of the most responsible steps you can take to protect yourself and your loved ones. It’s not about dwelling on worst-case scenarios. It’s about being practical, forward-thinking, and considerate of the people who would otherwise be left struggling to help you if the unexpected happened.
Every day we see families who wish their loved one had put an LPA in place before it was too late. We also see the relief and gratitude from families who do have LPAs registered, allowing them to focus on what matters most rather than battling through legal processes at an already difficult time.
You don’t need to be elderly, unwell, or particularly wealthy to benefit from an LPA. You simply need to be a responsible adult who recognises that life can change in an instant, and who wants to maintain control over who makes decisions about your life and your assets if you can’t make those decisions yourself.
If you’d like to discuss setting up a Lasting Power of Attorney or have questions about what’s involved, please get in touch with our team at Boyletts Law.Â
Contact us today on 01279 295047, or complete our contact form, and we’ll get back to you.Â