Posted: Monday, 8 December 2025 @ 13:38
When people think about planning for the future, they often focus on what happens after they're gone. But what about the years, or decades, before that? What happens if an accident or illness means you can't manage your own affairs? This is where a Lasting Power of Attorney (LPA) becomes not just important, but essential.
An LPA isn't about giving up control—it's about retaining control. It's a legal document that lets you choose who makes decisions for you if you can't make them yourself. Think of it as appointing a trusted co-pilot for your life's journey, just in case you're ever unable to fly the plane alone.
The Ultimate Insurance Policy
An LPA is arguably more urgent than a Will. A Will speaks after you're gone. An LPA protects you while you're still here, ensuring your wishes are respected during your lifetime.
The Two Types of LPA: Your Complete Safety Net
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Property and Financial Affairs LPA
This allows your chosen attorney(s) to manage things like:
- Paying bills and managing bank accounts
- Collecting benefits or pensions
- Buying or selling property
- Managing investments
Key point: You can choose whether it can be used only if you lose capacity, or also if you physically can't manage (e.g., during a hospital stay).
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Health and Welfare LPA
This grants authority for decisions about:
- Your daily routine (diet, dress, activities)
- Medical care and treatment
- Moving into residential care
- Life-sustaining treatment (you must specifically grant this power)
Key point: This can only be used if you lack the mental capacity to make these decisions yourself.
Why You Need an LPA: The Stark Reality
⚠️ Without an LPA: The Court of Protection Route
If you lose capacity without a valid LPA, your family faces a difficult, stressful, and costly application to the Court of Protection to be appointed as your deputy. This process:
- Is far more expensive than setting up an LPA
- Is much slower (often taking 6-9 months), leaving your affairs in limbo
- Gives you less choice – the court decides who manages your affairs
- Involves ongoing supervision fees and annual reporting
Myth vs. Reality
Myth: "My spouse/children can automatically manage my affairs if something happens."
Reality: They have no legal authority to access your bank accounts, sell jointly-owned property, or make care decisions without an LPA or court order.
The Simple Process: Setting Up Your LPA
1. Choose Your Attorney(s): Select trustworthy, reliable people who understand your values.
2. Discuss Your Wishes: Have an open conversation about how you'd like things handled.
3. Complete the Forms: Either with professional help or carefully via the government portal.
4. Certificate Provider: Someone confirms you understand the LPA and aren't under pressure.
5. Register with OPG: The LPA must be registered before it can be used (currently takes several weeks).
Choosing Your Attorney: The Most Important Decision
- Trust is Paramount: Choose someone honest, reliable, and who will put your interests first.
- Financial Acumen: For financial LPAs, select someone good with money and administration.
- Personal Values: For health LPAs, choose someone who shares your values about care and quality of life.
- Consider Appointing More Than One: This spreads responsibility and provides checks and balances.
- Have Back-ups: Name replacement attorneys in case your first choice can't act.
Don't Wait Until It's Too Late
The crux of an LPA is that you must have mental capacity to set one up. If you wait until after a diagnosis or accident, it may be too late. It's the one piece of planning you simply cannot postpone.
Your LPA Checklist:
✅ I have chosen my attorneys for both property and health decisions
✅ I have spoken to them about my wishes
✅ I understand the difference between the two LPAs
✅ I know who will be my certificate provider
✅ I'm ready to complete and register the forms
Take Control Today: An LPA is a profound act of responsibility—for yourself and for those you love. It ensures that your voice is heard and your wishes respected, no matter what life brings.
Professional Guidance Recommended: While LPAs can be set up independently, mistakes in the forms or process can lead to rejection by the Office of the Public Guardian (OPG), causing delays and frustration. A professional Willwriter or legal advisor can ensure your LPA is set up correctly, reflects your precise wishes, and is registered without issue.