Why It’s Important to Make a Lasting Power of Attorney

Many people assume that a spouse or close family member can automatically make decisions on their behalf if they lose capacity. Unfortunately, this is not the case.

There are two types of Lasting Power of Attorney (LPA):

• Property and Financial Affairs LPA – allows your chosen attorneys to manage your finances, including bank accounts, bills, and property.
• Health and Welfare LPA – allows your attorneys to make decisions about medical treatment, care, and daily welfare if you are unable to do so yourself.

Why Put LPAs in Place?

1. Choose People You Trust

An LPA allows you to appoint trusted individuals, such as family members or close friends, to act in your best interests. Without an LPA, they may have no legal authority to help you.

2. Avoid Stress and Delay

If you lose capacity without an LPA, loved ones may need to apply to the Court of Protection for a Deputyship Order — a process that can be lengthy, stressful, and expensive.

3. Ensure Your Wishes Are Followed

LPAs can include guidance and preferences to help your attorneys understand and respect your wishes regarding finances, care, and medical decisions.

4. LPAs Are Not Just for Older People

Illness or accidents can happen at any age. Anyone over 18 should consider putting LPAs in place.

5. Plan Ahead

Having registered LPAs in place ensures your chosen attorneys can act quickly and effectively if needed, giving you and your family peace of mind.

If you would like advice about putting LPAs in place, our Private Client team would be happy to assist.