The Importance of a Lasting Power of Attorney

Most of us plan carefully for life’s milestones – buying a home, starting a family, or preparing for retirement. Yet far fewer people plan for the possibility that one day they may be unable to make decisions for themselves.

Loss of mental capacity can happen at any age. Illness, serious accidents or the development of conditions such as dementia can leave someone suddenly unable to manage their finances, make healthcare decisions or deal with everyday matters. Each year, thousands of people find themselves in this position – often without any legal arrangements in place.

This is where a Lasting Power of Attorney (LPA) becomes essential.

An LPA allows you (the donor) to appoint trusted individuals (known as attorneys) to make decisions on your behalf if you are no longer able to do so yourself. Rather than losing control, you are taking control in advance – choosing who will act for you and setting out how you want decisions to be made.

Having an LPA in place can provide reassurance that your affairs will be handled smoothly, practically and in your best interests, while also protecting your loved ones from unnecessary stress and uncertainty.

What Is a Lasting Power of Attorney?

In England and Wales, there are two types of Lasting Power of Attorney, each covering different aspects of your life:

Property and Financial Affairs LPA

This allows your attorney(s) to manage your financial matters, including:

– Bank and building society accounts

– Paying bills and managing household expenses

– Claiming benefits and dealing with pensions

– Managing investments

– Selling or dealing with property and other assets, if necessary

Health and Welfare LPA

This allows your attorney(s) to make decisions about:

– Medical treatment and care

– Where you live and who cares for you

– Day-to-day wellbeing

– Life-sustaining treatment (if you choose to give this authority)

You can choose to make one or both types of LPA, depending on your circumstances and preferences. Both are designed to provide long-term protection and continue to operate if you lose mental capacity.

Crucially, an LPA must be made while you still have mental capacity and must be registered with the Office of the Public Guardian (OPG) before it can be used.

What Happens If You Don’t Have an LPA?

A common and understandable assumption is that a spouse, partner or adult child will automatically be able to step in and manage things if you lose capacity. Unfortunately, this is not how the law works.

Without an LPA, your loved ones must apply to the Court of Protection to be appointed as your deputy. This process can be:

Lengthy – often taking many months due to court delays

Costly – involving application fees and ongoing supervision charges

Stressful – adding legal complexity at an already emotional time

Until a deputy is appointed, your family may be unable to:

– Access your bank accounts

– Pay your bills or mortgage

– Make important decisions about your care or living arrangements

In short, without an LPA, those closest to you can be left legally powerless at the moment they most need to help.

“I’ve Made a Will – Isn’t That Enough?”

This is one of the most common misconceptions we encounter.

While making a Will is extremely important, a Will only takes effect after death. It determines who inherits your estate and who administers it, but it gives no authority at all to manage your finances or make healthcare decisions during your lifetime.

An LPA, by contrast, is specifically designed to operate while you are alive but unable to make decisions yourself. Having a Will without an LPA leaves a significant gap in your overall planning.

How Howells Solicitors Can Help

Putting a Lasting Power of Attorney in place does not have to be complicated or overwhelming. At Howells Solicitors, our experienced Wills, Probate and Estate Planning team will guide you through the process clearly and compassionately.

We can help you to:

– Understand the different types of LPA and which are right for you

– Choose suitable attorneys and explain their responsibilities

– Draft and review documents so they accurately reflect your wishes

– Register your LPA with the Office of the Public Guardian

– Store your documents securely for future use

“A Lasting Power of Attorney is one of the most important legal documents you can have – yet it is also one of the most overlooked,” says Lindsey Rawson, Head of Wills, Trusts and Probate at Howells. “By taking action now, you protect your future and make life easier for those who may need to care for you later.”

Whether you are planning for retirement, supporting an ageing parent, or simply thinking ahead, our friendly and approachable team is here to provide clear, practical advice in plain English.

If you would like to discuss putting a Lasting Power of Attorney in place, contact our Wills, Trusts & Probate team on 0114 2743 481 or request a call back below.